In one of what is likely to be one of her last decisions as a Tier 3 judge (having very… Read more
Capacity: the court and the expert, and the ‘reasons burden
Posts
Terminally Ill Adults (End of Life) Bill – updated resources page
On 14 June 2026, Lauren Roberts announced that she would use her position in the Private Members Ballot to re-introduce… Read more
AGNI – resources page, podcast and shedinar video
I have started a resources page on the AGNI case, and will start to populate it as more guidance and… Read more
39 Essex Chambers June 2026 Mental Capacity Report – and AGNI
The June 2026 Mental Capacity Report is now out. Highlights this month include: In the Health, Welfare and Deprivation of Liberty… Read more
Supreme Court overrules Cheshire West
In A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10… Read more
Position statements, transparency and the Court of Protection
The Court of Appeal has allowed the appeal against the decision of Poole J in Re AB (Disclosure of Position… Read more
The contact constraints on the Court of Protection
The issue of visiting in care homes is a distinctly hot topic at the time of writing (May 2026). Linked,… Read more
39 Essex Chambers May Mental Capacity Report
The May 2026 Mental Capacity Report is now out. Highlights this month include: In the Health, Welfare and Deprivation of Liberty… Read more
Gretna Green and children’s capacity – in discussion with Jonathan Brown
In the latest ‘in conversation with,’ I talk to Dr Jonathan Brown about the very different approach to the decision-making… Read more
Instructing experts, and how long does the leash have to be for the acid test to be satisfied?
Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) is both an important and an interesting decision. It is… Read more