The Court of Appeal ([2017] EWCA Civ 1695) has allowed the appeal by Birmingham City Council (‘Birmingham’) against the judgment… Read more
‘Teen Bournewood’: Court of Appeal decision now out
Posts
Government’s interim response to Law Commission MCD report now published
Jackie Doyle-Price (Parliamentary Under-Secretary of State for Health), in a written statement today (30 October) set out the Government’s Interim… Read more
Safeguarding adults: intersections with mental capacity and mental health – seminar 24 November
The next seminar in the ESRC-funded series “Safeguarding Adults and Legal Literacy” will take place in Chester on 24 November. … Read more
39 Essex Chambers October 2017 Mental Capacity Reports now out
The October 2017 Mental Capacity Reports are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation… Read more
Inherently problematic? Capacity thresholds, the inherent jurisdiction and autonomy
In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in… Read more
Assisted dying challenge judgment now handed down
The decision in R (Conway) v Secretary of State for Justice [2017] EWHC 2447 (Admin) is now available here.
Happy birthday, Mental Capacity Act!
The MCA 2005 came fully into force 10 years ago today, on 1 October 2007. Entirely understandably given the day of… Read more
Scottish Mental Health law reform opportunity
The Scottish Government is setting up a review to consider whether the provisions of the Mental Health (Care & Treatment)… Read more
Welfare cases in the Court of Protection: the real story
Once again we are all indebted to Cardiff Law School for further research about the use of the Court of… Read more
Rule 3A representatives, family members (and the ‘obiter trap’)
District Judge Bellamy has very recently (20 September) added to the small but important body of case-law concerning Rule 3A… Read more