What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’… Read more
Tag: Best interests
Coercive control, capacity and the resolution of an ethical dilemma
How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim… Read more
Advance decisions, Jehovah’s Witnesses and what does “doing something clearly inconsistent” with your ADRT mean?
The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment… Read more
The Court of Protection and “the most complex Covid patient in the world”
The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of… Read more
Preparing for the cliff-edge of 18: webinar, mythbusting document and help with making applications for property and affairs deputyship
The National Mental Capacity Forum held a webinar on 15 June about preparing for the cliff-edge of 18. A recording… Read more
Capacity, pregnancy, risk and the courts
A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33 has attracted considerable discussion. The case concerned an expectant… Read more
Securing autonomy – Article 8 in the balance
The contours of the issue in A Local Authority v TA & Ors [2021] EWCOP 22 were sketched out economically… Read more
Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article
An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in… Read more
A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)
It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of… Read more
Capacity, autism and indoctrination – a careful judicial navigation of a minefield
Re EOA [2021] EWCOP 20 is a complex case in relation to a 19 year old man, of wider interest… Read more