reports – Mental Capacity Law and Policy

39 Essex Chambers July Mental Capacity Report

The July 2019 Mental Capacity Report will shortly be landing in subscribers’ inboxes. Highlights this month include: (1) In the Health, Welfare and Deprivation of … Read More ›

Newsletters

39 Essex Chambers Mental Capacity Report end of term update

A combination of the pressure of our other commitments and a lack of major reported cases from the Court of Protection means that we will … Read More ›

The inherent jurisdiction, deprivation of liberty and out of hours applications
October 27, 2020
In Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377 , the Court of Appeal almost, …Read More »
Book Reviews: Domestic Abuse and Human Rights and A Practical Guide to Coercive Control for Legal Practitioners and Victims
October 25, 2020
Domestic Abuse and Human Rights (Jonathan Herring, Intersentia, 2020, c. £55) and A Practical Guide to Coercive Control for Legal …Read More »
Essex Autonomy Project research opportunities
October 19, 2020
The Essex Autonomy Project is currently accepting applications to fill two full-time, fixed-term post-doctoral research positions.: One is on the …Read More »
39 Essex Chambers Mental Capacity October Report now out – and walkthrough
October 19, 2020
Welcome to the October 2020 Mental Capacity Report. Highlights this month include: (1) In the Health, Welfare and Deprivation of …Read More »
When not to recognise a foreign order
October 17, 2020
In Re AB [2020] EWCOP 47, Senior Judge Hilder had to grapple with two difficult questions in the context of …Read More »

MHLO forum launched
— An online forum is now available: see the forum itself for full details and to get involved.
DOLS case law summaries. Aasya Mughal and Steven Richards, 'Deprivation of Liberty Safeguards - case law summary' (October 2020 edition, 22/10/20)
— This four-page document summarises selected domestic and European caselaw on deprivation of liberty.
Case (Condition removed from conditional discharge). Re E [2020] MHLO 52 (FTT)
— The tribunal added a condition to the written reasons which was not stated at the hearing: "Abide by the rules applicable to such accommodation in particular to sleep there every night and not to have overnight guests." There had been a clear error of law and the condition was removed: (a) the tribunal had […]
Case (Video tribunal hearing set aside). Re D [2020] MHLO 51 (FTT)
— (1) The decision in this case was set aside because it was not clear whether or not the patient had a reasonable opportunity to hear all the evidence that was given at the hearing: it was not possible to be sure that the patient had a fair hearing. (2) The patient's microphone had been […]
Event. Edge Training: Level 3 Safeguarding Adults (online, 1-2 Feb 2021)
—A single training course delivered in two sessions via live webinar. This Level 3 Safeguarding Adults webinar offers delegates the opportunity to explore the legal framework, which underpins safeguarding adults work, and to explore the key challenges that may arise in practice. It will guide the delegates through the safeguarding adults process and focus on […]

Chief Constable of West Yorkshire Police & Ors v Dyer & Ors [2020] EWCA Civ 1375 (27 October 2020)0
From England and Wales Court of Appeal (Civil Division) Decisions
Wilton UK Ltd v Shuttleworth & Ors [2017] EWHC 2195 (Ch) (04 September 2017)0
From England and Wales High Court (Chancery Division) Decisions
Henley-Smith, R (On the Application Of) v Secretary of State for Justice [2017] EWHC 1948 (Admin) (28 July 2017)0
From England and Wales High Court (Administrative Court) Decisions
Director of Legal Aid Casework & Ors v Briggs [2017] EWCA Civ 1169 (31 July 2017)0
From England and Wales Court of Appeal (Civil Division) Decisions
X (A Child) (No 3) [2017] EWHC 2036 (Fam) (03 August 2017)0
From England and Wales High Court (Family Division) Decisions
AA007322016 [2017] UKAITUR AA007322016 (7 August 2017)0
From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
X (A Child) (No 4) [2017] EWHC 2084 (Fam) (07 August 2017)0
From England and Wales High Court (Family Division) Decisions
A Local Authority v M & Ors [2017] EWFC B66 (10 August 2017)0
From England and Wales Family Court Decisions (other Judges)
MB, Re [2017] EWCOP 35 (14 August 2017)0
From England and Wales Court of Protection Decisions
X (A Child) (No 5) [2017] EWHC 2141 (Fam) (17 August 2017)0
From England and Wales High Court (Family Division) Decisions

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