In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving… Read more
Tag: capacity
Contingencies, capacity and Caesarean sections
In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what… Read more
Fluctuating capacity – another judicial take
In Cheshire West And Chester Council v PWK [2019] EWCOP 57, Sir Mark Hedley had to consider (in the context… Read more
Will, preferences and estrangement
In A Local Authority v PS & HS [2019] EWCOP 60, the court had to decide upon an 80 year-old… Read more
Medical treatment and 16/17 year olds – joining the dots
Prompted by work done for the case of Re D, in which the Supreme Court gave judgment ([2019] UKSC 42)… Read more
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