The Court of Appeal announced on the day of the hearing of the appeal against the decision of Lieven J… Read more
Category: Comments
Serious medical treatment cases and naming clinicians – the Supreme Court decides
In the conjoined appeals of Abbasi and Haastrup [2025] UKSC 15, the Supreme Court has grappled with the questions of (1) the jurisdiction of… Read more
Parental consent to the confinement of younger children – again
The vexed question of whether and under what circumstances parents can consent to (or otherwise authorise) the confinement of children… Read more
Annotated Mental Health Act 1983 with changes proposed in Mental Health Bill – updated
Minor changes were made by way of Government amendments to the MH Bill as it went through the Committee stage… Read more
‘Stitch,’ capacity and complexity – a masterclass in capacity determination
Cobb J is shortly to take his position on the Court of Appeal. The decision in Calderdale Metropolitan Borough Council… Read more
The MCA and Multiple Exclusion Homelessness – a scoping paper walkthrough
In this video, I do a walkthrough of Approaches to the mental capacity assessment of people experiencing multiple exclusion homelessness in… Read more
Fees changes in the Court of Protection
From 1 April 2025, with amendments to the Court of Protection Fees Order 2007 and the Civil Proceeding Fees Order… Read more
Consultation, (rotten) compromises and challenging complacency – Hayden J on the warpath
NHS South East London Integrated Care Board v JP & Ors [2025] EWCOP 4 T3 and [2025] EWCOP 8 (T3)… Read more
Does the Court of Protection have jurisdiction over children? Answer yes – up to a point (even when they have moved abroad)
In Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2), Senior Judge Hilder had to grapple… Read more
Anorexia, the Court of Protection and the changing calculus of decision-making
When and under what circumstances it is legitimate not to treat those with anorexia is a very contentious topic, and… Read more