In Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor [2021] EWCOP 13, Hayden J considered a version… Read more
Tag: Best interests
Covert medication and involving the Court of Protection
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice… Read more
What to do when P wants to return home abroad?
In Re UR [2021] EWCOP 10, Hayden J has set out a checklist for situations where the Court of Protection… Read more
Getting the stages of the capacity test in the right order (and where rights, will and preferences do not pull in the same direction)
In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the… Read more
The ‘frozen’ attorney – what to do where an attorney cannot decide?
In the course of recent work (including in the context of the revision to the MCA Code of Practice) an… Read more
Incapacity and the limits of persuasion
In Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37, Hayden J had to consider the… Read more
39 Essex Chambers Best Interests Guide updated
The best interests guide we do in Chambers has been updated to take account of developments since the last iteration… Read more
Stem cell donation, altruism and the Court of Protection
In A NHS Foundation Trust v MC [2020] EWCOP 33, Cohen J has confirmed that it can be in the… Read more
‘True’ best interests, advance decisions and the subjective approach
In Barnsley Hospitals NHS Foundation Trust v MSP [2020] EWCOP 26, Hayden J considered an application, initially made to him… Read more
Decision support for doctors in the context of stretched resource: in conversation with Dr Chris Danbury
As part of the 39 Essex Chambers’ weekly Public Law webinar series, I will be holding a discussion with Dr… Read more