The Court of Appeal ([2017] EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment… Read more
‘Teen Bournewood’: Court of Appeal decision now out
Category: Comments
Government’s interim response to Law Commission MCD report now published
Jackie Doyle-Price (Parliamentary Under-Secretary of State for Health), in a written statement today (30 October) set out the Government’s Interim… Read more
Safeguarding adults: intersections with mental capacity and mental health – seminar 24 November
The next seminar in the ESRC-funded series “Safeguarding Adults and Legal Literacy” will take place in Chester on 24 November. … Read more
Inherently problematic? Capacity thresholds, the inherent jurisdiction and autonomy
In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in… Read more
Assisted dying challenge judgment now handed down
The decision in R (Conway) v Secretary of State for Justice [2017] EWHC 2447 (Admin) is now available here.
Rule 3A representatives, family members (and the ‘obiter trap’)
District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A… Read more
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