I have updated my resources page on this to give links to the written (and oral) evidence submitted by the… Read more
Posts
39 Essex Chambers February 2025 Mental Capacity Report and Walkthrough
The February 2025 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Autonomy and assisted dying / suicide – an important judicial light shed from an unexpected corner
Individual decision-making and its complexities was very much in the spotlight this week in the context of the oral evidence… Read more
Litigation capacity and a very clear statement from the Court of Appeal about the ordering of the capacity test
MacPherson v Sunderland City Council [2024] EWCA Civ 1579 is another chapter in the very long-running saga concerning contempt proceedings… Read more
The Court of Protection and deprivation of liberty of those under 18
The President of the Family Division has set out public-facing Practice Guidance (January 2025) for cases transitioning from the National… Read more
Mental Health Bill – Joint Committee on Human Rights call for evidence
The Joint Committee on Human Rights is undertaking scrutiny of the Mental Health Bill to assess its compatibility with international… Read more
Terminally Ill Adults (End of Life) Bill – update and how to submit useful evidence
I have updated my resources page on the Terminally Ill Adults (End of Life Bill), but particularly welcome any position… Read more
D/deaf individuals and capacity assessment – important observations from the Court of Protection
Ahead of more detailed coverage of the nuances of this complicated case in the February 2025 Mental Capacity Report, it… Read more
Obstetric cases and the Court of Protection – the need for timeliness (again)
Peel J in Leicestershire Partnership NHS Trust & Anor v PQ [2024] EWCOP 73 (T3) has reiterated the need for… Read more
“On a DoLS” – mythbusting by a (rightly) exasperated Court of Protection
In Re EM (Deprivation of Liberty, Care Planning & Costs) [2024] EWCOP 76 (T2), HHJ Burrows helpfully busted some disturbingly… Read more