In Re A (Habitual Residence) [2025] EWCOP 22 (T2), HHJ Millar set out a helpful worked example of determining whether… Read more
Posts
Capacity in the rear view mirror – how does the presumption work?
The problem of the retrospective consideration of capacity troubled Costs Judge Whalan in Furley Page LLP v KFL [2025] EWHC… Read more
The Terminally Ill Adults (End of Life) Bill and the NHS 10 Year Plan
This can be a very short post. Those reading Fit for the Future: 10 Year Health Plan for England published on 3… Read more
Cross border mental capacity frameworks: new joint information note from the Law Societies of Scotland and England & Wales
In a coincidence of timing (both projects having been started and running independently, albeit with two common joint participants [fn]),… Read more
Terminally Ill Adults (End of Life) Bill update and updated questions
The Terminally Ill Adults (End of Life) Bill had its First Reading (a formality) in the House of Lords on… Read more
The importance of complying (and showing you’ve complied with) the procedural protections of the Mental Health Act 1983
As Deputy Master Marzec put it at the start of her judgment in Appiah & Anor v Leeds City Council… Read more
39 Essex Chambers June 2025 Mental Capacity Report
With huge thanks to Arianna Kelly for editing this in my temporarily incapacitated state, and apologies that technical issues means… Read more
Mental capacity and the Terminally Ill Adults (End of Life) Bill
Given the centrality of the concept of mental capacity to the Terminally Ill Adults (End of Life) Bill, it is,… Read more
Terminally Ill Adults (End of Life) Bill – what do expert bodies say? (And remember Jersey)
I have updated my resources page on the Bill to include the most recent statements from expert bodies that I… Read more
The Court of Protection and the ‘slip rule’ – a clarification of the procedures
Rule 5.15 of the Court of Protection Rules provides that: “The court may at any time correct any clerical mistakes… Read more