Deprivation of liberty and profound disability – an urgent need for appellate...
Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025] EWHC 200 (Fam), concerning a 15 year old boy with “profound enduring...
View ArticleCapacity, insight and professional cultures – an important new decision from...
CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to Re Thirumalesh (Dec’d) [2024] EWCA Civ 896). In the latter case, the Court of Appeal made clear...
View ArticleMental 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...
View ArticleThe MCA and Multiple Exclusion Homelessness – a scoping paper walkthrough
In this video, I do a walkthrough of Approaches to the mental capacity assessment of people experiencing multiple exclusion homelessness in England: A scoping paper by Stephen Martineau, a research...
View Article‘Stitch,’ capacity and complexity – a masterclass in capacity determination
Cobb J is shortly to take his position on the Court of Appeal. The decision in Calderdale Metropolitan Borough Council v LS [2025] EWCOP 10 (T3) shows just what an asset he will be to the Court of...
View ArticleTerminally Ill Adults (End of Life) Bill – Bill with amendments to 15 March 2025
Prompted by a question from a colleague in Chambers who was (understandably) finding it very difficult to track through precisely how the Bill has been amended since starting the Public Bill Committee...
View ArticleCapacity assessment and conversation analysis – in discussion with Jess...
In this ‘in conversation with,’ I talk to Jess Foulkes, Dr Suzanne Beeke and Dr Anna Volkmer about their paper in the International Journal of Language & Communication Disorders, Using Conversation...
View ArticleAnnotated Mental Health Act 1983 with changes proposed in Mental Health Bill...
Minor changes were made by way of Government amendments to the MH Bill as it went through the Committee stage in the House of Lords (including, annoyingly, mucking up the numbering for all of the...
View ArticleTerminally Ill Adults (End of Life) Bill – Bill with amendments to 20 March...
I have prepared an entirely unofficial version of the Bill with the amendments to 20 March 2025. It is available here, and also on my Bill resources page here. The formatting does not look very...
View ArticleTerminally Ill Adults (End of Life) Bill – as amended at Public Bill...
[update 29 March – please now see this page] I have prepared an entirely unofficial version of the Bill with the amendments made during its passage through the Public Bill Committee. It is available...
View ArticleTerminally Ill Adults (End of Life) Bill (as amended) – updated questions
With their customary efficiency, the Parliamentary authorities have printed a new version of the Terminally Ill Adults (End of Life) Bill as amended in the Public Bill Committee stage. This –...
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