Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which… Read more
Tag: inherent jurisdiction
The inherent jurisdiction, Article 3 ill-treatment, and the limits of the State’s obligations
How far can the State be expected to go in seeking to secure the rights of those in challenging situations? … Read more
How far can the Court of Protection go to ensure its orders are complied with?
In LB Hackney v A, B and C [2024] EWCOP 33, John McKendrick KC has answered a question which, as… Read more
The inherent jurisdiction – a case, guidance, and a challenge from Ireland
Two recently published decisions of Cobb J have shone a light on the lesser spotted beast of the inherent jurisdiction… Read more
Capacity, autonomy and the limits of the obligation to secure life
R (Parkin) v His Majesty’s Assistant Coroner for Inner London (East) [2024] EWHC 744 (Admin) is an important, but curious,… 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
Suicide risk, the ECHR balancing exercise and the inherent jurisdiction – a Northern Irish perspective
A Health and Social Care Trust v JU [2023] NIFam 12 provides an interesting take on the extent of positive… Read more
Interpersonal influence and decision-making capacity – in conversation with Kevin Ariyo
In this ‘in conversation with’, I talk to Dr Kevin Ariyo about the research that he led (as part of… Read more
Can we move beyond binaries in thinking about capacity and disability? In conversation with Dr Bev Clough
In this conversation, I talk to Dr Bev Clough about her new book, The Spaces of Mental Capacity Law Moving Beyond… Read more
Alice in Wonderland, or using the Human Rights Act to extend the coercive powers of the MHA into the community
When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their… Read more