Mental Capacity Myths – a video explainer
In the context of the Terminally Ill Adults (End of Life) Bill, it has become clear that there are some quite odd (urban) myths out there about mental capacity. I have recorded a video trying to...
View ArticleTerminally Ill Adults (End of Life) Bill: Questions on the amendments to the...
Having (several) day jobs, I simply don’t have time to try to ask questions of all the amendments that are being put forward for consideration at the Public Bill Committee, but given the substantive...
View ArticleDeprivation of liberty, children, care orders, and overlooked caselaw: a...
West Sussex County Council v AB & Anor [2025] EWCA Civ 132, concerned a very challenging situation. It concerned a 17 year old woman with complex needs. As Sir Andrew McFarlane, giving the...
View ArticleMental health, capacity and children – in discussion with Anne-Maree Farrell...
In this ‘in discussion with,’ I talk to Professor Anne-Maree Farell and Dr Patrick Hann, two of the co-authors of this paper recently published in the Medical Law Law Review, “Mental health and...
View ArticleAnorexia, the Court of Protection and the changing calculus of decision-making
When and under what circumstances it is legitimate not to treat those with anorexia is a very contentious topic, and is under particular scrutiny at the moment in the context of the Terminally Ill...
View ArticleDoes the Court of Protection have jurisdiction over children? Answer yes – up...
In Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2), Senior Judge Hilder had to grapple with a question that had not been the subject of a previous reported decision: what can...
View ArticleConsultation, (rotten) compromises and challenging complacency – Hayden J on...
NHS South East London Integrated Care Board v JP & Ors [2025] EWCOP 4 T3 and [2025] EWCOP 8 (T3) are a pair of cases concerning governance failures in best interests decision-making in relation to...
View ArticleFees changes in the Court of Protection
From 1 April 2025, with amendments to the Court of Protection Fees Order 2007 and the Civil Proceeding Fees Order 2008 respectively, fees relating to the Court of Protection will change as set out...
View Article39 Essex Chambers March 2025 Mental Capacity Report and walkthrough
The March 2025 Mental Capacity Report is now out, Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: insight into the proper place of insight, best interests...
View ArticleBook review: The Later Years: The Simple Guide to Organising the Rest of your...
Book Review: Peter Thornton, The Later Years: The Simple Guide to Organising the Rest of your Life (Bedford Square. 2025, 337pp, paperback, £10.99) The only flaw with this book is its title, as it...
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