The June 2024 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
39 Essex Chambers June 2024 Mental Capacity Report
Posts
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
Where every option is problematic and the optimism of best interests is not enough: a dilemma for the Court of Appeal
The Court of Appeal has dismissed the appeal of both the local authority and the Official Solicitor against the decision… Read more
Life in the balance in ITU – in conversation with Dr Jim Down
In this “in conversation with”, I talk to Dr Jim Down about a whole host of matters related to intensive… Read more
The inherent jurisdiction – a case, guidance, and a challenge from Ireland
Two recently published decisions of Cobb J have shone a light on the lesser spotted beast of the inherent jurisdiction… Read more
What does it mean to be an expert in the person? The Court of Protection decides
EIn University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to… Read more