Cwm Taf Morgannwg University Health Board v RW & Anor [2026] EWCOP 10 (T3) provides a snapshot of the realities… Read more
Posts
Justice and the further expert
Re DA (Whether to replace a Single Joint Expert) [2026] EWCOP 7 (T2) is a decision which, as its name… Read more
A Welsh white leopard? Litigation capacity in the absence of subject-matter capacity revisited
Whether you can have capacity to conduct proceedings about a decision you lack capacity to make is a question that… Read more
National Mental Capacity Forum Annual Report 2023-2025
Margaret Flynn, the Chair of the National Mental Capacity Forum, has published her annual report (in fact, a double issue)… Read more
Overwhelming desires and capacity – in conversation with Dr Joe Gough
In this ‘in conversation’ with Dr Joe Gough, we discuss some of the fruits of his British Academy Postdoctoral Fellowship… Read more
39 Essex Chambers February 2026 Mental Capacity Reports
The February 2026 Mental Capacity Reports are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of… Read more
The Terminally Ill Adults (End of Life) Bill – a briefing on eligibility
As the House of Lords continues at Committee stage to consider eligibility, members of the Complex Life and Death Decisions… Read more
The Terminally Ill Adults (End of Life) Bill and capacity
In light of the fact that it appears likely that questions of capacity will be considered imminently by the House… Read more
Cannabis, criminality and capacity – a Jersey perspective
In the Capacity and Self-Determination Law 2016, Jersey has a framework which looks a great deal like the Mental Capacity… Read more
Advance decisions to refuse treatment – updated guidance note
I have updated my guidance note on advance decisions to refuse treatment under the Mental Capacity Act 2005 to take… Read more