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Tag: Sexual relations

Capacity, Case comments, Sexual relations

Capacity, consent and sexual relations – the Supreme Court decides

The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and … Read More ›

Posted on November 24, 2021November 30, 2021
Case comments, Comments, Sexual relations

The Sexual Offences Act, care workers, and paying for sex – the Court of Appeal pronounces

In The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527, the Court of Appeal has overturned the decision … Read More ›

Posted on October 22, 2021October 23, 2021
Capacity, Case comments, Sexual relations

Sex and the limits of fluctuating capacity

When and how does the concept of fluctuating capacity apply in the context of sexual relations?   This was the question confronting Knowles J in Re … Read More ›

Posted on May 20, 2021May 20, 2021
Case comments, Sexual relations

Paying for sex and the Court of Protection

In A Local Authority v C & Ors [2021] EWCOP 25, Hayden J had to consider the situation of C, a man with capacity to engage … Read More ›

Posted on April 29, 2021April 29, 2021
Case comments, Sexual relations

Capacity and sex – the Court of Protection grapples with the move from ‘consent to’ to ‘engaging in’ sexual relations

In HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15, Cobb J has grappled with the impact of the Court of Appeal’s decision in … Read More ›

Posted on February 24, 2021February 26, 2021
Capacity, Case comments, Sexual relations

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 been asking the wrong question … Read More ›

Posted on June 11, 2020June 17, 2020
Capacity, Case comments, Sexual relations

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 for capacity to consent to … Read More ›

Posted on July 17, 2019July 26, 2019
Capacity, Sexual relations

Sex, social media and ‘silos’: the Court of Appeal pronounces

In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific observations about the assessment of … Read More ›

Posted on June 11, 2019
Capacity, Case comments, Sexual relations

Sexual relations, rights and capacity

The judgment in Re NB [2019] EWCOP 17 has just appeared on Bailli of a hearing on 7 May 2019 at which Hayden J considered … Read More ›

Posted on May 14, 2019May 17, 2019
Case comments

Sex, rights and controversy

The reported remarks of Hayden J at a directions hearing about the husband’s “right” to have sex with his wife have caused real controversy.   Not … Read More ›

Posted on April 3, 2019

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Recent Posts

  • Draft Mental Health Bill – how would it amend the Mental Health Act 1983?

    June 30, 2022
    The draft Mental Health Bill published on 27 June 2022 is accompanied by helpful explanatory notes, but as it is …Read More »
  • Draft Mental Health Bill now published

    June 27, 2022
    Following a commitment given in the Queen’s Speech in May 2022, a draft Mental Health Bill has been brought forward …Read More »
  • Mental capacity – challenges and commitment: in conversation with Ilora Finlay

    June 26, 2022
    In this conversation, I talk to Ilora Finlay (Baroness Finlay of Llandaff), the first Chair of the National Mental Capacity …Read More »
  • In the Shadows of the Institution – the film

    June 23, 2022
    Dr Lucy Series has recently written a book, entitled Deprivation of Liberty in the Shadows of the Institution (Bristol University Press, …Read More »
  • Scenarios in the draft MCA Code of Practice: the Northern Ireland approach

    June 22, 2022
    Reflecting on a talk I gave this morning arranged by the indefatigable Walter Lloyd-Smith, the Board Manager of the Norfolk …Read More »

RSS Bailii capacity cases

  • South Tyneside and Sunderland NHS Trust Foundation v SA [2022] EWCOP 23 (24 June 2022) July 1, 2022
  • A NHS Foundation Trust v G & Ors (Rev1) [2022] EWCOP 25 (23 June 2022) July 1, 2022
  • RUSISHVILI v. GEORGIA - 15269/13 (Judgment : No Article 6+6-3 - Right to a fair trial : Fifth Section) [2022] ECHR 537 (30 June 2022) July 1, 2022
  • KL (A Minor : deprivation of liberty) [2022] EWCOP 24 (21 June 2022) June 28, 2022
  • A London Local Authority v KB & Anor [2022] EWFC 39 (09 May 2022) June 27, 2022

RSS Bailii CRPD cases

  • Donnelly & Anor v Minister for Social Protection & Ors (Approved) [2022] IESC 31 (04 July 2022)0
    From Supreme Court of Ireland Decisions
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CÂMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 972 (17 July 2014)0
    From European Court of Human Rights
  • PH, Re Judicial Review [2014] NIQB 60 (29 April 2014)0
    From High Court of Justice in Northern Ireland Queen's Bench Division Decisions
  • Hainsworth v Ministry of Defence [2014] EWCA Civ 763 (13 May 2014)0
    From England and Wales Court of Appeal (Civil Division) Decisions
  • Hate Crime: Should The Current Offences Be Extended? [2014] EWLC 348 (20 May 2014)0
    From The Law Commission
  • MCDONALD v. THE UNITED KINGDOM - 4241/12 - Chamber Judgment [2014] ECHR 492 (20 May 2014)0
    From European Court of Human Rights
  • Glatzel (Judgment of the Court) [2014] EUECJ C-356/12 (22 May 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • London Borough of Haringey v CM [2014] EWCOP B23 (09 June 2014)0
    From England and Wales Court of Protection Decisions
  • Kaltoft (Advocate General's Opinion) [2014] EUECJ C-354/13_O (17 July 2014)0
    From Court of Justice of the European Communities (including Court of First Instance Decisions)
  • CENTRE FOR LEGAL RESOURCES ON BEHALF OF VALENTIN CAMPEANU v. ROMANIA - 47848/08 - Grand Chamber Judgment [2014] ECHR 789 (17 July 2014)0
    From European Court of Human Rights

RSS MHLO updates

  • Legislation. Health and Care Act 2022
  • MHA showing proposed amendments. Alex Ruck Keene, 'Mental Health Act 1983 as if amended by the draft Mental Health Bill' (30/6/22)
  • Case (Re X procedure and 16/17 year olds). Bolton Council v KL [2022] EWCOP 24
  • Case (Coronavirus vaccination). A Clinical Commissioning Group v FZ [2022] EWCOP 21
  • MH Bill memorandum to scrutiny committee. DHSC and MOJ, 'Mental Health Bill: Memorandum from the DHSC and MOJ to the Delegated Powers and Regulatory Reform Committee' (27/6/22)

RSS Baillii Mental Health Act cases

  • Y (A Minor) [2022] EWFC 69 (24 June 2022)0
    From England and Wales Family Court Decisions (High Court Judges)
  • D (A Child) (Rev2) [2019] UKSC 42 (26 September 2019)0
    From United Kingdom Supreme Court
  • Meadowsv Examining Court, Malaga, Spain [2019] EWHC 2084 (Admin) (30 July 2019)0
    From England and Wales High Court (Administrative Court) Decisions
  • DC000132018 [2019] UKAITUR DC000132018 (31 July 2019)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • PA111702018 [2019] UKAITUR PA111702018 (7 August 2019)0
    From United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments
  • CD v London Borough of Croydon [2019] EWHC 2943 (Fam) (14 August 2019)0
    From England and Wales High Court (Family Division) Decisions
  • Bristol City Council v Legge [2019] EW Misc 12 (CC) (03 September 2019)0
    From Northern Irish Courts - Miscellaneous
  • De-Banks, R. v [2019] EWCA Crim 1628 (04 September 2019)0
    From England and Wales Court of Appeal (Criminal Division) Decisions
  • Wakefield Metropolitan District Council & Anor v DN & Anor [2019] EWHC 2306 (Fam) (05 September 2019)0
    From England and Wales High Court (Family Division) Decisions
  • Redcar & Cleveland Borough Council v PR & Ors [2019] EWHC 2305 (Fam) (05 September 2019)0
    From England and Wales High Court (Family Division) Decisions

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