Cobb J is shortly to take his position on the Court of Appeal. The decision in Calderdale Metropolitan Borough Council… Read more
Tag: assessing capacity
Litigation capacity and a very clear statement from the Court of Appeal about the ordering of the capacity test
MacPherson v Sunderland City Council [2024] EWCA Civ 1579 is another chapter in the very long-running saga concerning contempt proceedings… Read more
D/deaf individuals and capacity assessment – important observations from the Court of Protection
Ahead of more detailed coverage of the nuances of this complicated case in the February 2025 Mental Capacity Report, it… Read more
The older child and medical treatment decisions – mental capacity or competence?
Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam) is a characteristically thoughtful judgment from Cobb J,… Read more
Capacity, presumptions and catastrophe
As Lieven J noted in her opening paragraph, A Council v An NHS Foundation Trust & Ors [2024] EWHC 874… Read more
Residence, care, sex and marriage: an (unusual) successful appeal on capacity
Re ZZ (Capacity) [2024] EWCOP 21 is an example of a relatively species of case, namely a successful appeal in… Read more
Asserting capacity and the Court of Protection (and important observations about judicial visits)
The case of Wareham v Betsi Cadwaladar University Health Board & Ors [2024] EWCOP 15 concerns a 36 year old… Read more
Contact, contraception, conception and conceptual clarity: Poole J dissects a difficult question
Poole J is rapidly becoming the specialist sexual capacity judge at the Court of Protection. Following his decisions in Hull… Read more
Triangulation and flexibility: taking capacity seriously in changing circumstances
Re DY [2024] EWCOP 4 is a case showing how demanding taking capacity seriously is – and should be. It… Read more
Questioning our presumptions about the presumption of capacity – in conversation with Isabel Astrachan and Dr Scott Kim
In this ‘in conversation’ with, I talk to Isabel Astrachan and Dr Scott Kim about the paper we recently published… Read more