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Tag: inherent jurisdiction

Case comments, Deprivation of liberty, Inherent jurisdiction

The inherent jurisdiction, deprivation of liberty and out of hours applications

In Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377 , the Court of Appeal almost, but not quite, answered the … Read More ›

Posted on October 27, 2020
Webinar

The inherent jurisdiction of the High Court

In this shedinar, I look at the inherent jurisdiction of the High Court as it relates to adults.  This is a complicated area and I … Read More ›

Posted on July 1, 2020
Newsletters

Inherent jurisdiction guidance note updated

The 39 Essex Chambers inherent jurisdiction guidance note has been updated to take account of the continuing stream of (frequently inconsistent) case-law in this area.  … Read More ›

Posted on February 29, 2020February 29, 2020
Birth arrangements, Capacity, Case comments, Inherent jurisdiction, Medical treatment

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 the court is meant to … Read More ›

Posted on January 30, 2020January 30, 2020
Inherent jurisdiction, Practice and Procedure

The inherent jurisdiction and costs

In Re PR (Application under the inherent jurisdiction: Costs) [2019] EWHC 2800 (Fam), Cobb J has confirmed that applications made in relation to vulnerable adults … Read More ›

Posted on October 23, 2019
Inherent jurisdiction, Miscellaneous

Inherent jurisdiction guidance note

Responding to the recent flurry of case-law about the use of the inherent jurisdiction in relation to adults, I, together with others on the 39 … Read More ›

Posted on October 10, 2019
Capacity, Case comments, Comments, Inherent jurisdiction

Inherently problematic? Capacity thresholds, the inherent jurisdiction and autonomy

In LB Wandsworth v M & Ors [2017] EWHC 2435 (Fam), Hayden J was faced with a significant problem in relation to a child about … Read More ›

Posted on October 10, 2017
Legislative developments

“Vulnerable adults” – a last push

With many thanks to all those who have been in touch, from many different settings and backgrounds, to offer support and case studies for the … Read More ›

Posted on March 31, 2017
Legislative developments

Vulnerable Adults Bill – help wanted

The problem There is a significant cohort of individuals who (1) do not lack capacity for purposes of the Mental Capacity Act 2005 (‘MCA 2005’); … Read More ›

Posted on March 16, 2017April 7, 2017
Capacity, Case comments, Deprivation of liberty, Inherent jurisdiction, Practice and Procedure

A true tangle – capacity, influence and the inherent jurisdiction

NCC v PB and TB [2014] EWCOP 14 Summary This decision of Parker J was handed down in March, but only appeared on Bailii in … Read More ›

Posted on July 23, 2014

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Older posts

Recent Posts

  • 39 Essex Chambers January 2021 Mental Capacity Report

    January 15, 2021
    The January 2021 Mental Capacity Report is now out and will be making its way to inboxes soon.  Highlights include; …Read More »
  • Mental Capacity in the MHA – the White Paper

    January 14, 2021
    Building on the very headline points I made here, here is a video looking specifically looking at how the White …Read More »
  • Mental Health Act reform – the next stage

    January 14, 2021
    The Government published on 13 January 2021 a White Paper responding to the recommendations of the independent review of the …Read More »
  • Family care and the lockdown regulations – an important (but nuanced) Court of Protection decision

    January 11, 2021
    The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been …Read More »
  • Lockdown 3.0 regulations summary

    January 6, 2021
    With effect from 6 January 2021 and until 31 March 2021 (unless brought to an earlier end), all parts of …Read More »

RSS Bailii capacity cases

  • Gibbs v Gibbs (Rev 2) [2020] EWHC 2134 (Fam) (05 August 2020) January 14, 2021
  • Guy's and St Thomas' Children's NHS FoundationTrust & Anor v Knight & Anor [2021] EWHC 25 (Fam) (08 January 2021) January 8, 2021
  • University Hospitals Plymouth NHS Trust v RS & Anor [2020] EWCOP 70 (15 December 2020) January 6, 2021
  • McGarry v Murphy, Re The Estate of Brigid Gilhooly (Deceased) [2020] NICh 15 (06 November 2020) January 4, 2021
  • JB v University Hospitals Plymouth NHS Trust & Anor (Rev 1) [2020] EWCA Civ 1772 (23 December 2020) January 1, 2021

RSS Bailii CRPD cases

  • Z (Interim Care Order) (Rev 1) [2020] EWCA Civ 1755 (18 December 2020)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • A NHS Trust v DE [2013] EWHC 2562 (Fam) (16 August 2013)0
    From England and Wales High Court (Family Division) Decisions
  • Regulation of Health Care Professionals [2014] EWLC 345 (01 April 2014)0
    From The Law Commission
  • Regulation of Health Care Professionals (Report) [2014] SLC 237 (01 April 2014)0
    From Scottish Law Commission (Reports)
  • A Local Authority v TZ (No. 2) [2014] EWCOP 973 (01 April 2014)0
    From England and Wales Court of Protection Decisions
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council & Anor [2014] UKSC 19 (19 March 2014)0
    From United Kingdom Supreme Court
  • Z (Judgment of the Court) [2014] EUECJ C-363/12 (18 March 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • KOROVINY v. RUSSIA - 31974/11 - Chamber Judgment [2014] ECHR 217 (27 February 2014)0
    From European Court of Human Rights
  • SEMIKHVOSTOV v. RUSSIA - 2689/12 - Chamber Judgment [2014] ECHR 118 (06 February 2014)0
    From European Court of Human Rights
  • AM (By His Father CM) v The Secretary of State for Work And Pensions [2014] EWCA Civ 286 (05 February 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions

RSS MHLO updates

  • White Paper on MHA reform. SSHSC, LC and SSJ, 'Reforming the Mental Health Act' (CP 355, 2021, consultation from 13/1/21 to 21/4/21)
    — "It is two years since Professor Sir Simon Wessely delivered his landmark Independent Review of the Mental Health Act. ... We accept, and we will take forward, the vast majority of its recommendations for change. ... The changes are based on 4 principles that have been developed with people with lived experience of the […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 110, January 2021)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]
  • Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 109, November 2020)
    — "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: updated DHSC MCA/DoLS COVID-19 guidance, an important LPS update, and the judicial eye of Sauron descends on new areas to consider (ir)relevant information; (2) In the Property and Affairs Report: a complex case about when the settlement of an inheritance; […]
  • DOLS statistics. NHS Digital, 'Mental Capacity Act 2005, Deprivation of Liberty Safeguards England, 2019-20' (12/11/20)
    — "These official statistics provide findings from the Mental Capacity Act 2005, Deprivation of Liberty Safeguards (DoLS) data collection for the period 1 April 2019 to 31 March 2020."
  • New legal aid forms. LAA, 'Changes to Privacy Notices on Legal Aid Forms' (11/1/21)
    — This web page sets out recent changes made to some Legal Aid forms, and states that the LAA would prefer the new versions to be used as soon as possible but will accept previous versions until 31/3/21.

RSS Baillii Mental Health Act cases

  • WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 12 (13 January 2021)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • SW (No 2), Re [2017] EWCOP 30 (07 December 2017)0
    From England and Wales Court of Protection Decisions
  • IA004422012 [2017] UKAITUR IA004422012 (31 October 2017)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • D (A Child) [2017] EWCA Civ 1695 (31 October 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Tinsley v Manchester City Council & Ors [2017] EWCA Civ 1704 (01 November 2017)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Shand, (A Child), Re London Borough of Barking & Dagenham v Richards [2017] EWHC 2863 (Fam) (08 November 2017)0
    From England and Wales High Court (Family Division) Decisions
  • LO v Secretary of State for Work and Pensions (IS) (European Union law - free movement) [2017] UKUT 440 (AAC) (9 November 2017)0
    From Upper Tribunal (Administrative Appeals Chamber)
  • MaGee v Chief Constable of The Police Service of Northern Ireland [2017] NIMaster 7 (10 November 2017)0
    From Northand Ireland High Court of Justice, Master's decisions
  • MS, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) (10 November 2017)0
    From England and Wales High Court (Administrative Court) Decisions
  • Corlett, R v [2017] EWCA Crim 2464 (14 November 2017)0
    From England and Wales Court of Appeal (Criminal Division) Decisions

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