District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A… Read more
Rule 3A representatives, family members (and the ‘obiter trap’)
Category: Comments
M, Medical Treatment and the Court of Protection – More Detailed Thoughts
Introduction In M v A Hospital [2017] EWCOP 19 Peter Jackson J (giving one of his last judgments before his elevation… Read more
Medical treatment cases and the Court of Protection
Peter Jackson J has just (20 Sept) handed down this important judgment making clear his view that there is no… Read more
All life is an experiment – patient choice from the other side of capacity
In a fascinating judgment, B v D [2017] EWCOP 15, handed down on 5 September, Baker J had to consider… Read more
MCA updates: (most) of the news that’s fit to print
Introduction It seems that my trip to New Zealand to work on my Wellcome Trust contested capacity assessment project (the… Read more
Law Commission consultation: Wills
The Law Commission has published today (13 July) a major consultation on the potential for reforms to the law… Read more
Treading carefully: best interests and religious practices
In Re IH (Observance of Muslim Practice) [2017] EWCOP 9, Cobb J had to decide two questions in relation to… Read more
Transparency Update and changes to SMT approach
The Transparency Pilot approach and that previously provided for in Serious Medical Treatment cases has now been merged (in fact, the… Read more
International Journal of Mental Health and Capacity Law – call for papers
The editors and publisher of the International Journal of Mental Health and Capacity Law (ISSN: 2056-3922) are making a call… Read more
Election Corner – guest post
[By way of a sneak preview of the next Mental Capacity Report to be published shortly, I reproduce here as… Read more