In a case from December 2023 which arrived on Bailii too late for the February 2024 Mental Capacity Report, Lieven… Read more
LPAs – the duties on the certificate provider
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39 Essex Chambers February 2024 Mental Capacity Report now out
The February 2024 issue will be winging its way to subscribers on Monday morning. For those who can’t wait. Highlights this… Read more
How to compare mental health and mental capacity frameworks across countries: in conversation with Professor Gavin Davidson
In this ‘in conversation with’ Professor Gavin Davidson, we discuss the new paper that he has co-authored, entitled Comparing mental health… Read more
Anorexia and the Court of Protection: 39 Essex Chambers seminar 23 January 2024
This seminar will be chaired by Ms Justice Henke, and look at approaches to the treatment of anorexia, the controversial concept… Read more
We all die: what are doctors’ duties to shield families from the sight of death?
In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and,… Read more
The European Court of Human Rights: mental health detention and Articles 3 and 5 ECHR
Strasbourg means what it says in relation to the tightening of the criteria for admission and detention in the context… Read more
Care home and hospital visiting in England: the new framework from 6 April 2024
Following on from its consultation on visiting in care homes and hospitals in England, the DHSC has (1) published its… Read more
Court of Protection round-up: December/January
In lieu of a Mental Capacity Report, the next edition of which will be out in February, and which will… Read more
Capacity in context – a paradigm case
A Local Authority v KP [2023] EHWC 3210 (Fam) is a case not easily reducible to a short summary. In… Read more
An interface overcome – physical treatment for a detained patient
A Hospital NHS Foundation Trust v K [2023] EWCOP 59 concerned the treatment for leukaemia of a patient detained under… Read more