In this ‘in conversation with’ Dr Julia Duffy, we discuss her new book, the indivisibility of rights, and how we… Read more
Posts
Necessary and unnecessary complexity in decision-making capacity – and ‘lifestyle choice’
Those who might want to think a bit more about ‘lifestyle choice’ in the light of current headlines might find… Read more
39 Essex Chambers November 2023 Mental Capacity Report and walkthrough
The 39 Essex Chambers November 2023 Mental Capacity Report will soon be landing in subscribers‘ inboxes. Highlights this month include:… Read more
Termination, will and preferences – another difficult dilemma for the Court of Protection
The very difficult case of Re H (An Adult; Termination) [2023] EWCOP 183[1] stands out for the careful attempt by the… Read more
The Court of Protection and reasonably adjusting to disability in the context of dialysis
As explored in this paper and this “in conversation with,” the potential for discrimination in the treatment of conditions requiring… Read more
Questioning our presumptions about the presumption of capacity – in conversation with Isabel Astrachan and Dr Scott Kim
In this ‘in conversation’ with, I talk to Isabel Astrachan and Dr Scott Kim about the paper we recently published… Read more
‘Two Ps’ – navigating two sets of best interests
In HH v Hywel DDa University Health Board & Ors [2023] EWCOP 18, Francis J gave a clear and detailed… Read more
Book Review: A Clinician’s Brief Guide to Dementia and the Law
A Clinician’s Brief Guide to Dementia and the Law (Nick Brindle, Michael Kennedy, Christian Walsh and Ben Alderson, Cambridge Medicine,… Read more
Book Review: Mason and McCall Smith’s Law and Medical Ethics (12th edition)
Mason and McCall Smith’s Law and Medical Ethics 12th edition (Anne-Maree Farrell and Edward S. Dove, OUP, 2023, paperback, 702… Read more
Appeals from personal welfare decisions – the Court of Appeal allocates the costs
In Re VA (Medical Treatment) [2023] EWCA Civ 1190, the Court of Appeal considered an appeal by a litigant in… Read more