In Kurtz v R [2018] EWCA Crim 2743, the Court of Appeal had to grapple again with the problematic wording of… Read more
Attorneys, neglect and the shortcomings of s.44 MCA
Category: Comments
When not telling is in a person’s best interests
In the personal injury case of EXB v FDZ & Ors [2018] EHWC 3456 (QB), Foskett J had to grapple… Read more
Cross-border protection and the CRPD
I spent three days last week at a meeting on the cross-border protection of vulnerable adults convened by the European… Read more
Mental Capacity (Amendment) Bill finishes Lords stages
The Bill today (11 December) finished its final stage in the Lords, with the Commons yet to come. With thanks… Read more
Mental Health Act Review – summaries and commentaries
A consequence of the fact that the MHA Review report had to be brought forward ahead of the Brexit vote… Read more
Mental Health Act Review report published – headlines
The independent Review of the Mental Health Act conducted by Sir Simon Wessely has today, 6 December, published its report,… Read more
Deprivation of liberty, restraint, and the CRPD: the view from the German Federal Constitutional Court
In what is about to be a big week for the Mental Health Act 1983, with the publication of the… Read more
Taking capacity seriously: ten years of capacity disputes before the Court of Protection
One of the first fruits of the Wellcome-funded Mental Health and Justice project has just been published in the International… Read more
Current version of Mental Capacity (Amendment) Bill and Third Reading
The Bill as amended at Report stage is here, and the last stage before it goes to the Commons, Third… Read more
Iron logic, coercion and odd outcomes: the Supreme Court decision in MM
In Secretary of State for Justice v MM [2018] UKSC 60, the Supreme Court (Lord Hughes dissenting) has upheld the… Read more