June Mental Capacity Law Newsletters

The Thirty Nine Essex Street Mental Capacity Law Newsletters for June are now out.   There are a whole range of delights, including:

(1)   In the Health, Welfare and Deprivation of Liberty Newsletter: the Court of Appeal revisits capacity (and the role of precedent); prohibiting contact; and advance decisions to refuse treatment;

(2)   In the Property and Affairs Newsletter: the sequel to the infamous Rolex case;

(3)   In the Practice and Procedure Newsletter: a rare award of costs in welfare proceedings; the proper place of the press in CoP proceedings; revisiting decisions on appeal; judicial contact with the subject of proceedings; joint instruction of experts in publicly funded cases, and a plea for assistance with streamlining directions hearings;

(4)   In the Capacity outside the COP Newsletter: two important cases involving capacity and children and two book reviews;

(5)   In the Scotland Newsletter: a vitally important decision of Sheriff John Baird which casts significant doubt upon the validity of very many powers of attorney entered into in Scotland and upon the standard template available on the Scots OPG website:

We are also delighted to include with this newsletter:

(1) A discussion paper on the Convention on Persons with Disabilities and an analysis of both the MCA 2005 and the AWIA 2000 by reference to its requirements.  This discussion paper, written by Lucy Series, Anna Arstein-Kerslake, Piers Gooding and Eilionóir Flynn, is vital reading for all practitioners (of whatever hue) seeking to understand the implications of this Convention for domestic law and practice in both England and Scotland.

(2) A note from the new Head of Legal at the OPG about developments there.

You can find the full screen-friendly version of the newsletter here, and the full print-friendly version of the newsletter here.



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