Minor changes were made by way of Government amendments to the MH Bill as it went through the Committee stage… Read more
Annotated Mental Health Act 1983 with changes proposed in Mental Health Bill – updated
Category: Comments
‘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
Deprivation of liberty, children, care orders, and overlooked caselaw: a tangle for the Court of Appeal
West Sussex County Council v AB & Anor [2025] EWCA Civ 132, concerned a very challenging situation. It concerned a… Read more
Capacity, insight and professional cultures – an important new decision from the Court of Protection
CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to… Read more
Deprivation of liberty and profound disability – an urgent need for appellate clarification
Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025]… Read more