In Re D [2019] UKSC 42, the Supreme Court has held (by a majority) that where a 16 or 17 year old child cannot (or … Read More ›
The long-awaited (since October 2018) judgment of the Supreme Court in Re D is to be handed down at 11:00 am on 26 September 2019; … Read More ›
The Civil Justice Council has issued a detailed paper setting out the current position and proposals for reform of the procedural rules and practices in … Read More ›
The September 2019 Mental Capacity Reports are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: fluctuating capacity, … Read More ›
Some may remember that the Court of Appeal was going to give a judgment setting out what to do where a person has fluctuating capacity, … Read More ›
The 3rd edition of the Court of Protection Handbook is now published, with the addition of Nicola Mackintosh QC (Hon) to the team of Kate … Read More ›
The July 2019 Mental Capacity Report will shortly be landing in subscribers’ inboxes. Highlights this month include: (1) In the Health, Welfare and Deprivation of … Read More ›
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019] EWHC 1810 (Ch), Master Clark … Read More ›
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test for capacity to consent to … Read More ›
The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to overturn the decision of Lieven … Read More ›