Deciding deprivation of liberty in an “efficient, and relatively speedy” way
Just as his decision in Re AR (Whether restrictions amount to a deprivation of liberty) [2026] EWCOP 45 (T2) arrived as the September Mental Capacity Report went to press, so HHJ Burrows’ latest...
View Article39 Essex Chambers October Mental Capacity Reports
The October 2026 Mental Capacity Reports are now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: capacity, presumptions and the Care Act 2014; and the...
View ArticleCapacity, presumptions and doubts – the Court of Appeal clarifies
In TDB v London Borough of Haringey [2026] EWCA Civ 1168, the Court of Appeal has clarified the role that capacity plays in the context of the conduct of Care Act 2014 assessments. The observations of...
View ArticleCapacity, the ‘support principle’ and assisted dying – the case of learning...
One of the consequences of the Terminally Ill Adults (End of Life) Bill cross-referring directly to the Mental Capacity Act 2005 is that the so-called ‘support principle’ in that Act is imported. This...
View ArticleCase management and the Court of Protection – a wild idea [guest post)
[This is a guest post by Victoria Butler-Cole KC, a colleague of mine at 39 Essex Chambers, co-founder of the Mental Capacity Reports, and extremely experienced Court of Protection barrister] Anyone...
View ArticleSuicide prevention and assisted dying – managing the tension
Suicide prevention is understood as a multi-agency public health endeavour aimed at reducing suicide deaths through a combination of individual and population-level interventions. National policy, set...
View ArticleTerminally Ill Adults (End of Life) Bill updated briefings from the Complex...
The second reading of Lauren Edwards’ Terminally Ill Adults (End of Life) Bill is on Friday 11 September. Together with my Complex Life and Death Decisions colleagues I do not take a position on...
View ArticleAGNI – the most comprehensive first instance ‘run’ at it so far
Just too late for the September 2026 Mental Capacity Report, HHJ Burrows has handed down the most comprehensive first instance ‘run’ at AGNI to date, AR (Whether restrictions amount to a deprivation of...
View ArticleBook Review: Graham Box and Kenneth Chambaere: Assisted Dying: The Great...
Book Review: Graham Box and Kenneth Chambaere: Assisted Dying: The Great Legal and Moral Problem of Our Time (Policy Press, 2026, 249 pp, £24.99, paperback / ebook) This (relatively) short and...
View Article39 Essex Chambers September 2026 Mental Capacity Report and walkthrough
The September 2026 Mental Capacity Report is now out. Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on post-AGNI developments, two capacity...
View ArticleMental capacity end of term report
The court term in England & Wales ends today, 31 July 2026. Whilst this does not mean that the Court of Protection (or indeed the other courts) stop hearing cases, it does mean that there may now...
View ArticleBook reviews: Research Handbook on Medical Consent and Scottish Medical...
José Miola and Louise Austin (eds) Research Handbook on Medical Consent (Elgar, 2026, 485 pp, hardback £240 / ebook c£48) Having spent a significant amount of time recently working with the Association...
View ArticleUpdated AGNI resources page (and over and out for now)
I have updated my resources page on the AGNI case to include, amongst other things, a link to the recording of the webinar held by the National Mental Capacity Forum on 24 June, and guidance from both...
View ArticleTerminally Ill Adults (End of Life) Bill – updated Complex Life and Death...
On 14 June 2026, Lauren Roberts MP announced that she would use her position (second) in the Private Members Ballot to re-introduce the Terminally Ill Adults (End of Life) Bill. It appears from her...
View ArticleCapacity: the court and the expert, and the ‘reasons burden
In one of what is likely to be one of her last decisions as a Tier 3 judge (having very recently been appointed a Court of Appeal judge), Lieven J considered a very complex situation in London Borough...
View ArticleTerminally Ill Adults (End of Life) Bill – updated resources page
On 14 June 2026, Lauren Roberts announced that she would use her position in the Private Members Ballot to re-introduce the Terminally Ill Adults (End of Life) Bill. It appears from her announcement...
View ArticleAGNI – resources page, podcast and shedinar video
I have started a resources page on the AGNI case, and will start to populate it as more guidance and the like emerges. The page includes links to a shedinar video that I have recorded about...
View Article39 Essex Chambers June 2026 Mental Capacity Report – and AGNI
The June 2026 Mental Capacity Report is now out. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: coverage of ‘year zero’ as regards deprivation of liberty...
View ArticleSupreme Court overrules Cheshire West
In A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16, a seven member Panel of the Supreme...
View ArticlePosition statements, transparency and the Court of Protection
The Court of Appeal has allowed the appeal against the decision of Poole J in Re AB (Disclosure of Position Statements) [2025] EWCOP 25 (T3) and made clear that the guidance given in that judgment...
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