In this ‘in conversation with’, I talk to Donna Phillips, Head of Safeguarding at Spectrum Community Health CIC, about the… Read more
Tag: mental capacity
The paramountcy of wishes and feelings – the Isle of Man takes on mental capacity
Reminding us always that it is very helpful to look around outside England & Wales, the Capacity Bill 2022 has… Read more
39 Essex Chambers Guidance Notes: Carrying out and Recording Capacity Assessments and Relevant Information – updated!
Our guidance note has been updated to reflect the decision of the Supreme Court in JB, as well as other recent… Read more
Voting, discrimination and legal capacity
In Caamaño Valle v Spain [2021] ECHR 387, the European Court of Human Rights hardened yet further its stance that… Read more
Living the MCA in practice – in conversation with Lorraine Currie
In the latest ‘in conversation with’, I talk to Lorraine Currie about her twin perspectives on the Mental Capacity Act… Read more
Litigation capacity and litigation friends – news from the civil courts
In a judgment relating to the business affairs of the Hinduja family (Hinduja v Hinduja & Ors [2020] EWHC 1533… Read more
39 Essex Chambers Capacity Guide updated
The 39 Essex Chambers Guide to carrying out and recording capacity assessments has been updated, in particular to add a… Read more
The Court of Appeal, decision-making capacity and sex: have we been getting it all wrong?
The Court of Appeal in A Local Authority v JB [2020] EWCA Civ 735 has made clear that we have… Read more
Parole Board hearings, participation and impaired decision-making capacity
In R(EG) v Parole Board & Ors [2020] EWHC 1457 (Admin), May J considered the requirements for effective participation in… Read more
Capacity, complexity and time – a discussion with Gareth Owen
The latest ‘in conversation from the shed’ is with the psychiatrist, Dr Gareth Owen, in which we discuss what makes… Read more