Book reviews – Mental Capacity Law and Policy

Book Review: Clustered Injustice and the level green (Luke Clements, LAG, 2020)

Clustered Injustice and the level green (Luke Clements, Legal Action Group, 2020, ebook/paperback, £20) In some ways, it is ironic that this book is published … Read More ›

Power of Attorney: All you need to know: Book Review: granting, it, using it or relying on it (Sandra McDonald, Souvenir Press, 2021)

Power of Attorney: All you need to know: granting, it, using it or relying on it (Sandra McDonald, Souvenir Press, 2021, paperback/Kindle: £10.99) In this … Read More ›

Book Reviews: Domestic Abuse and Human Rights and A Practical Guide to Coercive Control for Legal Practitioners and Victims

Domestic Abuse and Human Rights (Jonathan Herring, Intersentia, 2020, c. £55) and A Practical Guide to Coercive Control for Legal Practitioners and Victims (Rachel Horman, … Read More ›

Book review: Camilla Parker, Adolescent Mental Health Care and the Law

Adolescent Mental Health Care and the Law (Camilla Parker, Legal Action Group, 2020, £50) Camilla Parker set herself a hugely difficult task in identifying and … Read More ›

Book review: A Practical Guide to the Law of Medical Treatment Decisions

A Practical Guide to the Law of Medical Treatment Decisions (Ben Troke, Law Brief Publishing, 2020, c£39.99) Ben Troke, a solicitor and partner at Hill … Read More ›

Book Review: Parental Rights, Best Interests and Significant Harms

Parental Rights, Best Interests and Significant Harms: Medical Decision-Making on Behalf of Children Post-Great Ormond Street v Gard (edited by Imogen Goold, Jonathan Herring and … Read More ›

Book Review: Social Work, Cats and Rocket Science

Every so often you come across a book which provides exactly what its subtitle (if not title) promises. Social Work, Cats and Rocket Science (Jessica … Read More ›

Book corner: attorneys, carers and coercive mental health treatment

By way of preview for the January Mental Capacity Report, which should be coming out shortly, three reviews of books which have caught my particular … Read More ›

Book Review: “Mental Health Law” (6th edition)

Mental Health Law (6th edition) (Brenda Hale (Baroness Hale of Richmond) with Penelope Gorman, Rachel Barrett and Jessica Jones, Sweet & Maxwell, 2017, paperback, £85.00) … Read More ›

Book Review: “Community Care and the Law” (6th edition)

Community Care Law (6th edition) (Luke Clements, with Karen Ashton, Simon Garlick, Carolyn Goodall, Jean Gould, Edward Mitchell and Alison Pickup, Legal Action Group, 2017, … Read More ›

Best interests, wishes and feelings and the Court of Protection 2015-2020 – new article
April 2, 2021
An article that I have co-written with a former student of mine, Michal Friedman, has just (March 2021) appeared in …Read More »
End of term report from the Mental Capacity Report team
April 1, 2021
For a number of reasons (mainly related to our need to have a break!) a Mental Capacity Report is not …Read More »
A judgment as tribute: finding the person behind the prognosis (and thoughts on harm and dignity)
March 30, 2021
It is difficult to do better in introducing the decision in London NHS Trust v CD & Ors (Withdrawal of …Read More »
Mediation and medical cases – reflections on process and outcomes
March 29, 2021
In this “in conversation with” Dr Chris Danbury, we discuss the impact of the Supreme Court decision in Aintree v …Read More »
Liberty Protection Safeguards update March 2021 – what will the Code of Practice be likely to cover?
March 26, 2021
In the 5th LPS Stakeholder Newsletter published on 26 March 2021, the DHSC LPS team have provided a useful update …Read More »

Case (Coronavirus vaccination). NHS Tameside and Glossop CCG v CR [2021] EWCOP 19
— CR lacked capacity in relation to the coronavirus vaccination and it was not possible to determine his wishes and feelings. The Court of Protection decided it was in his best interests to have the vaccination, based on the orthodox view of its benefits, and rejecting family members' objections. The relief sought by the CCG […]
Mental Health Tribunal coronavirus Practice Direction. Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (18/3/21)
— This extends Amended Pilot Practice Direction: Health, Education and Social Care Chamber of the First-Tier Tribunal (Mental Health) (Coronavirus, 14/9/20) with amendments to 18/9/21. The non-trivial amendments are: (1) A new heading "Disposal of proceedings on the papers" stating "5. The tribunal shall observe the requirements of rule 5A and rule 35 in cases […]
Coronavirus tribunal composition (non-MH). Amended Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (18/3/21)
— This extends Amended Pilot Practice Direction: Panel Composition in the First-Tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) until 18/9/21, with the removal of paragraph 8 ("Involvement of Non-Legal Members not on a panel: If the composition arrangements for a case are altered from what they would have been under the Standard Composition Arrangements, […]
Tribunal coronavirus Practice Direction. Amended General Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal (18/3/21)
— This extends Amended General Pilot Practice Direction: Contingency Arrangements in the First-tier Tribunal and the Upper Tribunal (Coronavirus, 14/9/20) until 18/9/21 with minor amendments. The amendments are: (a) additional words in paragraph 3 ("This Practice Direction applies to all appeals, applications and other proceedings..."); (b) paragraph 7A refers to "courtroom" instead of "hearing room"; […]
Case (Section 37/41 or s45A). R v Lall [2021] EWCA Crim 404
— The Attorney General unsuccessfully sought leave to refer the s37/41 sentence to the Court of Appeal as being unduly lenient, arguing that the correct order should have been life imprisonment with a s45A direction.

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