Ahead of more detailed coverage of the nuances of this complicated case in the February 2025 Mental Capacity Report, it… Read more
Posts
Obstetric cases and the Court of Protection – the need for timeliness (again)
Peel J in Leicestershire Partnership NHS Trust & Anor v PQ [2024] EWCOP 73 (T3) has reiterated the need for… Read more
“On a DoLS” – mythbusting by a (rightly) exasperated Court of Protection
In Re EM (Deprivation of Liberty, Care Planning & Costs) [2024] EWCOP 76 (T2), HHJ Burrows helpfully busted some disturbingly… Read more
The Children’s Wellbeing and Schools Bill and deprivation of liberty
The Children’s Wellbeing and Schools Bill, which passed its second reading in the House of Commons on 8 January, would… Read more
December 2024 Mental Capacity Report and walkthrough
The December 2024 Mental Capacity Report will shortly be making its way to subscribers’ inboxes. Highlights this month include: (1)… Read more
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Re ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 is a leapfrog appeal from a Tier 2… Read more
Terminally Ill Adults (End of Life) Bill resources page
I have now added a resources page to my website which seeks to set out relevant resources to enable understanding… Read more
The persistent urban myth of DoLS
R (Ibrahim) v Nursing and Midwifery Council [2024] EWHC 2991 (Admin) is a case which shows how the Deprivation of… Read more
Capacity, “capability” and consent – a complication concerning surrogacy
R & Anor v A & Anor [2024] EWFC 341 is a very sad case involving surrogacy. It was an… Read more
Capacity, hospital discharge and possession orders – a checklist and a gap in the court’s powers?
Northampton General Hospital NHS Trust v Mercer [2024] EWHC 2515 (KB) concerns the challenge of delayed discharge from hospital and, specifically,… Read more