Further guidance (earlier guidance can be found here) has been issued on 24 March, to the effect that no hearings which… Read more
Posts
Court of Protection – further COVID-19 guidance
The Vice-President has issued further guidance on 23 March in relation to the Court of Protection and COVID-19. This follows… Read more
39 Essex Chambers March Mental Capacity Reports
The 39 Essex Chambers March 2020 Mental Capacity Reports will shortly be winging their way into subscribers’ inboxes. Highlights this… Read more
New guidelines on Prolonged Disorders of Consciousness
New guidelines from the Royal College of Physicians and endorsed or supported by a further 15 health bodies offer updated… Read more
Medical treatment, due haste, and capacity complexities
Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has… Read more
Inherent jurisdiction guidance note updated
The 39 Essex Chambers inherent jurisdiction guidance note has been updated to take account of the continuing stream of (frequently… Read more
Getting creative with consent – a reason to revisit Cheshire West?
A reminder of this debate which is being held by the Court of Protection Bar Association on Wednesday 4 March… Read more
BASW Cymru Survey for Welsh BIAs and Cross Border Assessors
BASW Cymru have launched a survey regarding DoLS practice and the forthcoming Liberty Protection Safeguards. It is intended for completion… Read more
When not to presume upon a presumption
The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand,… Read more
Medical treatment: delay, neglect and judicial despair
Following the recent – deeply troubling – case involving Sherwood Forest Hospitals Foundation NHS Trust, Hayden J has had to… Read more