A short post to note that I have, with my fellow Mental Capacity Law Newsletter editors, put together a guide… Read more
Deprivation of liberty – practical guidance
Category: Comments
Cheshire West – one day on
Introduction I summarised yesterday the key points of the decision, and gave some initial comments. I want to return today… Read more
Cheshire West: the Supreme Court’s right hook
Introduction After a wait that – if one was being impertinent – might seem doubtfully compliant with the requirement of… Read more
The judges speak
As I noted this morning, the President and Vice-President of the Court of Protection, Sir James Munby and Mr Justice… Read more
Reflections on the COP and MCA by Gordon Ashton
I am very grateful indeed to Gordon Ashton OBE, the editor of Jordans’ Court of Protection Practice, and one of… Read more
Keeping it concrete – the Court of Appeal on testamentary capacity
Simon v Byford [2014] EWCA Civ 280 Summary This is the appeal from the decision of Nicholas Strauss QC that… Read more
The House of Lords Report 2 – a longer discussion
In this post, I seek to summarise – and where relevant – comment upon each of the Chapters in the… Read more
The House of Lords has spoken – in no uncertain terms
Summary The House of Lords Committee appointed to consider the MCA 2005 has now reported. After a mammoth evidence gathering… Read more
The Supreme Court pronounces on litigation capacity (and the effect of incapacity) in civil proceedings
Dunhill v Burgin (Nos 1 and 2) [2014] UKSC 18 Summary Ms Dunhill sought to have a compromise agreement into… Read more
Another C-Section case and the ‘secret’ court
Since the widely-reported case of Ms Pacchieri (Re AA [2012] EWHC 4378 (COP)), there has been a string of cases… Read more