Welcome to the February 2020 Mental Capacity Report, which is, even by our standards, a bumper one. Highlights this month… Read more
39 Essex Chambers – February report
Posts
Refusing food, (in)capacity and coming to court
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular… Read more
Not only inimical… but potentially fatal: medical treatment cases and delay
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving… Read more
Scottish Mental Health Law Review – website and consultation
The independent review of mental health law in Scotland under the chair of John Scott QC has launched its website,… Read more
How to undertake a review – lessons from Scotland
The Independent Review of Learning Disability and Autism in Scotland’s mental health legislation has published two important reports to sit… Read more
Contingencies, capacity and Caesarean sections
In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what… Read more
Fluctuating capacity – another judicial take
In Cheshire West And Chester Council v PWK [2019] EWCOP 57, Sir Mark Hedley had to consider (in the context… Read more
Will, preferences and estrangement
In A Local Authority v PS & HS [2019] EWCOP 60, the court had to decide upon an 80 year-old… Read more
RPRs, attorneys, BIAs and legal aid
In The London Borough of Hillingdon v JV & Ors [2019] EWCOP 61, decided at the end of last year but… Read more
Book review: Family Experience of Brain Injury: Surviving, Coping and Adjusting
Family Experience of Brain Injury: Surviving, Coping and Adjusting (Jo Clark-Wilson and Mark Holloway, Routledge, 2019, paperback, ebook, c£19.99) This… Read more