In a short judgment delivered in April 2020, but only appearing on Bailii in late August 2021, HHJ Mark Rogers made two striking observations about … Read More ›
Tag: capacity
In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had recently turned 18 had capacity … Read More ›
The National Mental Capacity Forum held a webinar on 15 June about preparing for the cliff-edge of 18. A recording of the webinar is available … Read More ›
When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question confronting Knowles J in Re … Read More ›
Re EOA [2021] EWCOP 20 is a complex case in relation to a 19 year old man, of wider interest for the way in which … Read More ›
R v Rebelo [2021] EWCA Crim 306 is a very unusual criminal case, posing essentially existential questions as to the interrelationship between capacity and autonomy. … Read More ›
The Royal College of Physicians has published (10 March 2021) a guide to practical care and clinical assistance. Its particular focus is on the complexities … Read More ›
In An NHS Trust v XB & Ors [2020] EWCOP 71, Theis J has further emphasised the thin legal ice for professionals seeking to administer … Read More ›
In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the Pennine Acute Hospitals NHS Trust … Read More ›
In DP v LB Hillingdon [2020] EWCOP 45, Hayden J has clarified what the court is to do on an s.21A application where it has … Read More ›