Book Review: János Fiala-Butoria, Implementing the Right to Decide under the Convention on the Rights of Persons with Disabilities: Supporting the… Read more
Posts
Deprivation of liberty update – the Supreme Court, DHSC and CQC
Three important developments, on different timelines, have occurred in relation to deprivation of liberty. The first development is the publication… Read more
Termination, best interests and where the buck stops
Even by the standards of the Court of Protection, Re KP (Termination of Pregnancy) [2025] EWCOP 35 (T3) is a… Read more
39 Essex Chambers October 2025 Mental Capacity Report and walkthrough
Welcome to the October 2025 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report:… Read more
Motability, contracts and deputies
[I set out here a press release from the Office of the Public Guardian – the ‘clarification’ relates to a… Read more
How to draft an assisted dying law – a governmental perspective from Jersey
As many will know, by contrast to the position in England and Wales (and indeed Scotland), moves towards legislating for… Read more
Transparency in the Court of Protection – what is it good for and how long should restrictions last?
By accident or design, Poole J appears to have found himself the Tier 3 transparency guru. In Re Gardner (Deceased)(Duration… Read more
The CRPD, the state and civil society – in conversation with Professor Peter Bartlett
In this ‘in conversation with,’ I talk to Professor Peter Bartlett about his article “Beyond the liberal subject: challenges in… Read more
Wishing won’t make it so – urban myths around s.4B MCA 2005
I was contacted, again, by a health care professional who had been told with complete confidence that the new version… Read more
Anticipating the reasonableness of responses – time-specific capacity in action
Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3), decided in August 2025, but only published more recently,… Read more