Hot on the heels of the decision in North Bristol NHS Trust v R [2023] EWCOP 5, another decision has been handed down – this … Read More ›
Category: Capacity
In 2015, in Kings College Hospital NHS Foundation Trust v C and V [2015] EWCOP 80, MacDonald J provided both the then-authoritative summary of the principles … Read More ›
The case of A Local Authority v H [2023] EWCOP 4 concerned a young adult, H, described by Hayden J as a “natal male who … Read More ›
In NHS Surrey Heartlands ICB v JH [2023] EWCOP 3, Hayden J was asked to consider whether an advance decision to refuse invasive tests or … Read More ›
Re ZK (No 2) [2021] EWCOP 61 is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of … Read More ›
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 ›
What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’ jurisdiction? This important question was … Read More ›
How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim of coercive control cannot countenance … Read More ›
In a short judgment delivered in April 2020, but only appearing on Bailii in late August 2021, HHJ Mark Rogers made two striking observations about … Read More ›
In Liverpool City Council v CMW [2021] EWCOP 50, Sir Mark Hedley had to consider whether a woman, CMW, who had recently turned 18 had capacity … Read More ›