Prompted by work done for the case of Re D, in which the Supreme Court gave judgment ([2019] UKSC 42)… Read more
Tag: capacity
The CRPD Committee and legal capacity – a step forwards?
The CPRD Committee issued its most recent concluding observations in September 2019, on Albania, Australia, Ecuador, El Salvador, Greece, India,… Read more
Capacity assessment research – help wanted!
As part of the Wellcome-funded Mental Health and Justice Project, a metacognition workstream is looking at the interfaces between mental capacity… Read more
Re D – ‘Baby Bournewood’ – is to be handed down by the Supreme Court on 26 September
The long-awaited (since October 2018) judgment of the Supreme Court in Re D is to be handed down at 11:00… Read more
Capacity and sexual relations – trying to make it personal
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test… Read more
Termination and best interests: the Court of Appeal’s reasons
The Court of Appeal has now given its reasons ([2019] EWCA Civ 1215) for its decision in Re AB to… Read more
Contingency planning and the Court of Protection
In United Lincolnshire Hospital NHS Trust v CD [2019] EWCOP 24, Francis J has grappled with a subject that has… Read more
Birth arrangements, interventions and the art (not science) of capacity
In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general… Read more
Sex, social media and ‘silos’: the Court of Appeal pronounces
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific… Read more
Sexual relations, rights and capacity
The judgment in Re NB [2019] EWCOP 17 has just appeared on Bailli of a hearing on 7 May 2019… Read more