The July 2019 Mental Capacity Report will shortly be landing in subscribers’ inboxes. Highlights this month include: (1) In the… Read more
39 Essex Chambers July Mental Capacity Report
Posts
Deputyship and legal incapacitation: don’t (always) believe what you read
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019]… Read more
Capacity and sexual relations – trying to make it personal
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test… Read more
Termination and best interests: the Court of Appeal’s reasons
The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to… Read more
CTOs and community deprivation of liberty – some welcome clarity
Since the decisions of the Supreme Court in MM and PJ, lurking issues have remained about the position of individuals lacking capacity… Read more
Contingency planning and the Court of Protection
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has… Read more
Birth arrangements, interventions and the art (not science) of capacity
In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general… Read more
Personal welfare deputies – to appoint or not?
The Vice-President of the Court of Protection has outlined a set of principles to govern the appointment of personal welfare… Read more
Medical treatment, best interests, and the desire to live
If proof were needed that Bland has politely been consigned to the history books, it can be found in the… Read more
39 Essex Chambers June Mental Capacity Reports now out
The 39 Essex Chambers June 2019 Mental Capacity Report will shortly be landing inboxes for subscribers. Highlights this month include:… Read more