A revised COP44A Help with fees application, and COP44B guidance notes have been published and are to be used with… Read more
Posts
Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question
Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull… Read more
Triangulation and flexibility: taking capacity seriously in changing circumstances
Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It… Read more
Don’t ignore the Serious Medical Treatment Guidance – but let’s be clear about what the law requires
This is a post co-written by Tor Butler-Cole KC and I, prompted by the decision in GUP v EUP and… Read more
LPAs – the duties on the certificate provider
In a case from December 2023 which arrived on Bailii too late for the February 2024 Mental Capacity Report, Lieven… Read more
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