The very difficult case of Rotherham and Doncaster and South Humber NHS Foundation Trust v NR & Anor [2024] EWCOP… Read more
Tag: capacity
Assisted dying / assisted suicide – an informer
In light of the publication of the Westminster Parliament’s Health and Social Care Committee’s (very good) report on assisted dying… Read more
Necessary and unnecessary complexity in decision-making capacity – and ‘lifestyle choice’
Those who might want to think a bit more about ‘lifestyle choice’ in the light of current headlines might find… Read more
When should questioning an ‘independent spirit’ stop? Capacity, contact and the limits of the inherent jurisdiction
The case name – Re RK (Capacity; Contact; Inherent Jurisdiction) [2023] EWCOP 37 – helpfully captures what this difficult case… Read more
The Court of Protection faces an agonising dilemma (and why belief is not the same as proof)
Barnet Enfield And Haringey Mental Health NHS Trust & Anor v Mr K & Ors [2023] EWCOP 35 concerned the… Read more
The MCA and money – new shedinar
In this shedinar, recorded in August 2023, I explain how the MCA applies when thinking about people’s money, property and… Read more
What place diagnosis? Learning Disability, deafness and the Court of Protection
The case of TW v Middlesbrough Council [2023] EWCOP 30 raises an important issue about diagnosis in the context of Learning… Read more
Litigation friends – their duties and discharge: putting right a serious misstep
Major v Kirishana [2023] EWHC 1593 (KB) is a distinctly troubling case, in that it involved – at one stage… Read more
Disentangling decisions – and do they even need to be taken: the Court of Protection pronounces
Wiltshire County Council v RB & Ors [2023] EWCOP 26 concerned a 29 year old woman diagnosed with Autism Spectrum Disorder…. Read more
Executive capacity and the Court of Protection
Warrington Borough Council v Y & Ors [2023] EWCOP 27. This application concerned Y, who was in her early twenties…. Read more