These Rules were laid before Parliament on 15 July, and come into force on 1 October 2025. They make a… Read more
Posts
39 Essex Chambers July Mental Capacity Report now out – and walkthrough
The July 2025 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Joint Committee on Human Rights inquiry into the human rights of children in the social care system
The Joint Committee on Human Rights has announced an inquiry into the human rights of children in the social care system. It will… Read more
Providing position statements to observers to Court of Protection proceedings: vital guidance from Poole J
Re AB (Disclosure of Position Statements) [2025] EWCOP 25 (T3) concerns a question of increasing importance given (in particular) the… Read more
Disordered eating and the gaps between services – the consequences for the Court of Protection
Cwm Taf Morgannwg Health Board v AB & Anor [2025] EWCOP 24 (T3) is a judgment about case management in a… Read more
Habitual residence, moving jurisdictions and ‘lawful authority’
In Re A (Habitual Residence) [2025] EWCOP 22 (T2), HHJ Millar set out a helpful worked example of determining whether… Read more
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