In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the… Read more
Tag: Best interests
Advance decisions to refuse treatment – presuming a presumption of capacity?
In NHS Surrey Heartlands ICB v JH [2023] EWCOP 3, Hayden J was asked to consider whether an advance decision… Read more
Adults with impairments are not big children – a ringing refutation of a “regressive” assertion
Hayden J had the chance in Re RN [2022] EWCOP 53 to put comprehensively to bed a suggestion that it… Read more
Judging Values project – final report now published
The final report of the Judging Values and Participation in Mental Capacity Law project has now been published. Led by… Read more
Making Values Matter in the Court of Protection – new film
Following a previous training film about communication and participation for Court of Protection lawyers, a project team including researchers based… Read more
39 Essex Chambers Guidance Note – Determining and Recording Best Interests – updated!
Having just updated our guidance note about assessing and recording capacity, we have now updated our guidance note on determining… Read more
39 Essex Chambers Guidance Notes: Carrying out and Recording Capacity Assessments and Relevant Information – updated!
Our guidance note has been updated to reflect the decision of the Supreme Court in JB, as well as other recent… Read more
The black box of the judicial visit to P – the Court of Appeal’s concerns and requirements
The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection… Read more
Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable?
In Hull City Council v A & Ors [2021] EWCOP 60, Poole J was concerned with – in effect – what… Read more
Best interests decision-making, dignity and delay – obligations that cannot be avoided
In North West London Clinical Commissioning Group v GU [2021] EWCOP 59, Hayden J made a series of very powerful… Read more