Darlington Borough Council v AW & Ors [2025] EWCOP 33 (T3), decided in August 2025, but only published more recently,… Read more
Tag: capacity
Gillick is not a universal test – an important clarification from the Court of Appeal
For years, lawyers and clinicians have thrown around the term ‘Gillick competence’ as if it were a universal test to… Read more
Capacity, insight and professional cultures – an important new decision from the Court of Protection
CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to… Read more
Autonomy and assisted dying / suicide – an important judicial light shed from an unexpected corner
Individual decision-making and its complexities was very much in the spotlight this week in the context of the oral evidence… Read more
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Re ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 is a leapfrog appeal from a Tier 2… Read more
Capacity, “capability” and consent – a complication concerning surrogacy
R & Anor v A & Anor [2024] EWFC 341 is a very sad case involving surrogacy. It was an… Read more
Coercion, control and powers of attorney – a dilemma for the court
Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which… Read more
Anticipatory declarations and supporting P in her wish to protect herself
Leicestershire County Council v P & Anor [2024] EWCOP 53 (T3) is both an interesting and an important decision. It… Read more
The Grand Chamber of the European Court of Human Rights seeks to balance the right to life and the right to autonomy
The decision of the European Court of Human Rights in Pindo Mulla v Spain [2024] ECHR 753 is a very… Read more
Belief and mental capacity – the Court of Appeal decides
In Re Sudiksha Thirulamesh (dec’d) [2024] EWCA Civ 896 the Court of Appeal has made very clear how to approach… Read more