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Recent Posts

Terminally Ill Adults (End of Life) Bill resources page
2 December 2024
I have now added a resources page to my website which seeks to set out relevant resources to enable understanding …Read More »
The persistent urban myth of DoLS
30 November 2024
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
28 November 2024
R & Anor v A & Anor [2024] EWFC 341 is a very sad case involving surrogacy. It was an …Read More »
Capacity, hospital discharge and possession orders – a checklist and a gap in the court’s powers?
28 November 2024
Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 (KB) concerns the challenge of delayed discharge from hospital and, specifically, …Read More »
Mental Health Bill Second Reading and resources page
26 November 2024
The Second Reading of the Bill took place in the House of Lords on 25 November 2024, Second Reading being …Read More »

Bailii capacity cases

RB v. UNITED KINGDOM - 6406/15 ((Art. 5) Right to liberty and security - (Art. 8) Right to respect for private and family life - (Art. 35) Admissibility criteria : First Section Committee) [2017] ECHR 1184 (12 September 2017) 1 December 2024
Mid Yorkshire Teaching NHS Trust v SC & Anor [2024] EWCOP 69 (T3) (01 November 2024) 29 November 2024
Phelan v Ireland & Ors (Approved) [2024] IEHC 653 (08 October 2024) 28 November 2024
Hywel Dda University Health Board v P & Anor [2024] EWCOP 70 (T3) (22 July 2024) 28 November 2024
R & Anor v A & Anor [2024] EWFC 341 (27 November 2024) 27 November 2024

Bailii CRPD cases

BG Technik (Customs union - Common Customs Tariff - Motor cars and other motor vehicles principally designed for the transport of persons - Judgment) [2024] EUECJ C-129/23 (28 November 2024)
From Court of Justice of the European Communities (including Court of First Instance Decisions)
CLIPEA AND GROSU v. THE REPUBLIC OF MOLDOVA - 39468/17 (Article 3 - Prohibition of torture : Second Section) [2024] ECHR 867 (19 November 2024)
From European Court of Human Rights
E.T. v. THE REPUBLIC OF MOLDOVA - 25373/16 (Article 6 - Right to a fair trial : Second Section) [2024] ECHR 858 (12 November 2024)
From European Court of Human Rights
SHARAFANE v. DENMARK - 5199/23 (Article 8 - Right to respect for private and family life : Fourth Section) [2024] ECHR 859 (12 November 2024)
From European Court of Human Rights
Belaruskali v Council (Common foreign and security policy - Restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine - Judgment) [2024] EUECJ T-528/22 (18 September 2024)
From Court of Justice of the European Communities (including Court of First Instance Decisions)

Bailii Mental Health Act cases

Ibrahim, R (On the Application Of) v Nursing and Midwifery Council [2024] EWHC 2991 (Admin) (26 November 2024)
From England and Wales High Court (Administrative Court) Decisions
Byrne, R. v [2024] NICA 75 (22 November 2024)
From Court of Appeal in Northern Ireland Decisions
Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3) (21 November 2024)
From England and Wales Court of Protection Decisions
Buckinghamshire Council v Mother & Ors [2024] EWFC 338 (B) (20 November 2024)
From England and Wales Family Court Decisions (other Judges)
SB, Re [2024] EWHC 2964 (Fam) (19 November 2024)
From England and Wales High Court (Family Division) Decisions

Mental Health Law Online updates

Case (Unfair dismissal and whistleblowing). Dr A Malik v CAS (Cygnet) Behavioural Health Ltd (2021) UKET 2403141/2018
Voluntary euthanasia. Anselm Eldergill, 'A time to live, a time to die?' (27/11/24)
Job advert. Stephensons Solicitors, Wigan - COP Solicitor (deadline 6/1/25).
Children and DOL. Children's Commissioner, 'Children with complex needs who are deprived of liberty' (18/11/24)
Case (Non-recognition of Scottish Guardianship Order). Aberdeenshire Council v SF (No 2) [2024] EWCOP 10
Case (Residence). Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3)
Case (Inherent jurisdiction and MHA). Re SB [2024] EWHC 2964 (Fam)
Legislation. Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024
DSA website archive
Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 145, November 2024)

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