Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has brought a further application in … Read More ›
Tag: capacity
The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand, we have the situation of … Read More ›
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular dementia challenging a DoLS authorisation … Read More ›
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving an application relating to medical … Read More ›
In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what the court is meant to … Read More ›
In Cheshire West And Chester Council v PWK [2019] EWCOP 57, Sir Mark Hedley had to consider (in the context of a s.21A challenge) whether … Read More ›
In A Local Authority v PS & HS [2019] EWCOP 60, the court had to decide upon an 80 year-old woman’s capacity and best interests … Read More ›
Prompted by work done for the case of Re D, in which the Supreme Court gave judgment ([2019] UKSC 42) on 26 September 2019, which … Read More ›
The CPRD Committee issued its most recent concluding observations in September 2019, on Albania, Australia, Ecuador, El Salvador, Greece, India, Iraq, Kuwait, and Myanmar. For … Read More ›
As part of the Wellcome-funded Mental Health and Justice Project, a metacognition workstream is looking at the interfaces between mental capacity and cognitive science. One of … Read More ›