Individual decision-making and its complexities was very much in the spotlight this week in the context of the oral evidence… Read more
Category: Comments
Litigation capacity and a very clear statement from the Court of Appeal about the ordering of the capacity test
MacPherson v Sunderland City Council [2024] EWCA Civ 1579 is another chapter in the very long-running saga concerning contempt proceedings… Read more
The Court of Protection and deprivation of liberty of those under 18
The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National… Read more
D/deaf individuals and capacity assessment – important observations from the Court of Protection
Ahead of more detailed coverage of the nuances of this complicated case in the February 2025 Mental Capacity Report, it… Read more
Obstetric cases and the Court of Protection – the need for timeliness (again)
Peel J in Leicestershire Partnership NHS Trust & Anor v PQ [2024] EWCOP 73 (T3) has reiterated the need for… Read more
“On a DoLS” – mythbusting by a (rightly) exasperated Court of Protection
In Re EM (Deprivation of Liberty, Care Planning & Costs) [2024] EWCOP 76 (T2), HHJ Burrows helpfully busted some disturbingly… Read more
The Children’s Wellbeing and Schools Bill and deprivation of liberty
The Children’s Wellbeing and Schools Bill, which passed its second reading in the House of Commons on 8 January, would… Read more
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Re ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 is a leapfrog appeal from a Tier 2… Read more
The persistent urban myth of DoLS
R (Ibrahim) v Nursing and Midwifery Council [2024] EWHC 2991 (Admin) is a case which shows how the Deprivation of… Read more
Capacity, “capability” and consent – a complication concerning surrogacy
R & Anor v A & Anor [2024] EWFC 341 is a very sad case involving surrogacy. It was an… Read more