AB v CD [2024] EWCOP 32 concerned the best interests of a 27 year old man with a moderate learning… Read more
Risk-taking, best interests and health and welfare deputies
Posts
Capacity, sexual relations, silos and public protection – an impossible tangle for the Court of Protection?
In A Local Authority v ZX [2024] EWCOP 30, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with… Read more
The human condition and physician assisted dying – the latest view from the European Court of Human Rights
In Karsai v Hungary [2024] ECHR 516, the European Court of Human Rights has made clear that, whatever the current… Read more
How far can the Court of Protection go to ensure its orders are complied with?
In LB Hackney v A, B and C [2024] EWCOP 33, John McKendrick KC has answered a question which, as… Read more
39 Essex Chambers June 2024 Mental Capacity Report
The June 2024 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Capacity, habitual residence, and internet use in Scotland – a Court of Protection conundrum
In Newcastle City Council v LM [2023] EWCOP 69, David Rees KC (sitting as a Tier 3 Judge of the… Read more
What is a headnoted law report, and why does it matter?
In this video, I walk through an example of a judicially approved headnote to a Court of Protection case. It… Read more
Capacity and contempt proceedings – what is the test?
What is the test to decide whether you can defend yourself against a charge that you are in contempt of… Read more
Brain stem death and the courts – what to do where there is no clinical justification for hoping for a miracle
University Hospitals Bristol and Weston NHS Foundation v The Mother of G [2024] EWHC 1288 (Fam) adds to the small… Read more
A legal framework under intense stress: the MHA 1983 under the judicial microscope
One of the most difficult areas where the law runs up against practical realities is in relation to addressing the… Read more