After nearly 10 years, much longer than most projects (and caused in part by the then-government requesting a delay at… Read more
Law Commission Modernising Wills Law project reports
Category: Comments
An important reminder that it is the judge who has the final say as to best interests
In University College London Hospitals NHS Foundation Trust v PK & Anor [2025] EWCOP 17 (T3), McKendrick J was asked… Read more
Litigation capacity – and what happens if you never had it?
Johnston v Financial Ombudsman Service [2025] EWCA Civ 551 is a case with a particularly complicated procedural history, but for present… Read more
Cross-border capacity cases within the UK: a new judicial protocol and handbook
A new protocol regulating communications between judges in Scotland, England & Wales, and Northern Ireland has been agreed for cases… Read more
The Court of Appeal explains why local authorities cannot consent to the confinement of children in their care
The Court of Appeal announced on the day of the hearing of the appeal against the decision of Lieven J… Read more
Serious medical treatment cases and naming clinicians – the Supreme Court decides
In the conjoined appeals of Abbasi and Haastrup [2025] UKSC 15, the Supreme Court has grappled with the questions of (1) the jurisdiction of… Read more
Parental consent to the confinement of younger children – again
The vexed question of whether and under what circumstances parents can consent to (or otherwise authorise) the confinement of children… Read more
Annotated Mental Health Act 1983 with changes proposed in Mental Health Bill – updated
Minor changes were made by way of Government amendments to the MH Bill as it went through the Committee stage… Read more
‘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