The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon. Highlights include;… Read more
39 Essex Chambers January 2021 Mental Capacity Report
Posts
Mental Capacity in the MHA – the White Paper
Building on the very headline points I made here, here is a video looking specifically looking at how the White… Read more
Mental Health Act reform – the next stage
The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the… Read more
Family care and the lockdown regulations – an important (but nuanced) Court of Protection decision
The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been… Read more
Over and out for 2020
The recent flurry of case comments on my website has, I think, caught me up with the most important recent… Read more
Contempt, court orders and P’s confidentiality – an update
The Court of Appeal has had little hesitation dismissing ([2020] EWCA Civ 1675) the appeal by Dahlia Griffith against her conviction… Read more
The Court of Protection treads very carefully – sexual gratification, capacity and experiential learning
AA (Court of Protection: Capacity To Consent To Sexual Practices) [2020] EWCOP 66 concerned AA, a 19 year old man,… Read more
The police and the Court of Protection – whose interests?
In AB (Court of Protection: Police Disclosure) [2019] EWCOP 66, a decision handed down in October 2019, but which for some… Read more
What does Article 8 add to best interests? (clue – it definitely helps)
Re CVF [2020] EWCOP 65 concerned the capacity and best interests of a 29 year old woman, CVF, with diagnoses… Read more
Confidential material and when you cannot be a party (even if you want to be)
In KK v Leeds City Council [2020] EWCOP 64, Cobb J had to consider whether P’s maternal aunt should be joined… Read more