Mental Capacity Law Newsletter – 39 Essex Chambers

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, November 2015

Source: www.39essex.com

Court of Protection upholds the right of a confused, lonely man to refuse treatment – UK Human Rights Blog

Posted October 16th, 2015 in consent, Court of Protection, medical treatment, mental health, news by sally

‘The Court of Protection has recently ruled that a mentally incapacitated adult could refuse a life saving amputation. This is an important judgement that respects an individual’s right to autonomy despite overwhelming medical evidence that it might be in his best interests to override his wishes. The judge declined to define the 73 year old man at the centre of this case by reference to his mental illness, but rather recognised his core quality is his “fierce independence” which, he accepted, was what Mr B saw as under attack.’

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UK Human Rights Blog, 13th October 2015

Source: www.ukhumanrightsblog.com

Court of Protection Update (September 2015) – Family Law Week

‘Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable law and procedure pertaining to reporting restriction orders in the Court of Protection generally and further to the recent judgment in A Healthcare NHS Trust v P & Q.’

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Family Law Week, 16th September 2015

Source: www.familylawweek.co.uk

Where do the boundaries lie? MN (Adult) [2015] EWCA Civ 411 – No. 5 Chambers

‘Sir James Munby, President of the Court of Protection, provided clear guidance as to the nature of the Court of Protection’s jurisdiction, and the approach that should be adopted when a care provider is unwilling to provide, or to fund, the care sought.’

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No. 5 Chambers, 2nd September 2015

Source: www.no5.com

Court of Protection: Press will still need judge’s permission to attend hearings – The Independent

Posted June 29th, 2015 in Court of Protection, news, reporting restrictions by sally

‘Cases heard at Britain’s most secretive court will remain largely closed to public scrutiny after the Government decided not to change the law which obliges the media to apply in advance if they would like to attend.’

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The Independent, 26th June 2015

Source: www.independent.co.uk

Court of Appeal comments on deprivation of liberty and being party to proceedings – Local Government Lawyer

‘The Court of Appeal has held that it did not have jurisdiction to determine appeals against the President of the Court of Protection’s Re X rulings in which he sought to streamline procedures for dealing with certain types of deprivation of liberty cases.’

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Local Government Lawyer, 16th June 2015

Source: www.localgovernmentlawyer.co.uk

Appeal ruling backs representation in deprivation of liberty cases – Law Society’s Gazette

Posted June 17th, 2015 in appeals, Court of Protection, disabled persons, mental health, news by sally

‘In an unusual judgment, the Court of Appeal has ruled that streamlined procedures introduced by the Court of Protection must not prevent people who lack capacity from participating in or having legal representation at hearings affecting their liberty.’

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Law Society’s Gazette, 16th June 2015

Source: www.lawgazette.co.uk

Stress-testing Schedule 3: cross-border placements and the Court of Protection

‘In Re PA, PB and PC [2015] EWCOP 38, Baker J has conducted a detailed analysis of the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to the Mental Capacity Act (MCA) 2005. That Schedule represents the implementation in English law of obligations contained within the 2000 Hague Convention on the International Protection of Adults (the Convention) (which the United Kingdom has ratified in respect of Scotland, but not England).’

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Halsbury’s Law Exchange, 9th June 2015

Source: www.halsburyslawechange.co.uk

Father forced to fight hospital in courts to keep son alive spends funeral cash on lawyers – Daily Telegraph

‘Man uses money for teenage son’s funeral to pay for lawyers to argue at Court of Protection doctors should continue giving him chemotherapy.’

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Daily Telegraph, 26th May 2015

Source: www.telegraph.co.uk

In re MN (An Adult) (Court of Protection: Jurisdiction) – WLR Daily

In re MN (An Adult) (Court of Protection: Jurisdiction): [2015] EWCA Civ 411; [2015] WLR (D) 208

‘The function of the Court of Protection was to take, on behalf of adults who lacked capacity, the decisions which, if they had capacity, they would take themselves. The Court of Protection was thus confined to choosing between available options, including those which there was good reason to believe would be forthcoming in the foreseeable future and, in the final analysis, could not compel a public authority to agree to a care plan which the authority was unwilling to implement.’

WLR Daily, 7th May 2015

Source: www.iclr.co.uk

Delays in Court of Protection ‘readily tolerated’ – Munby – Law Society’s Gazette

Posted May 11th, 2015 in case management, Court of Protection, delay, news by sally

‘The president of the Family Division has bemoaned what he called ‘systemic failures’ in Court of Protection procedures causing cases to take years to reach full hearing.’
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Law Society’s Gazette, 8th May 2015

Source: www.lawgazette.co.uk

Key highlights from record-breaking court awarded clinical negligence trial – Cloisters

‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Cloisters, 10th April 2015

Source: www.cloisters.com

Transparency in the Court of Protection: press should be allowed names – UK Human Rights Blog

‘A healthcare NHS Trust v P & Q [2015] EWCOP (13 March 2015). The Court of Protection has clarified the position on revealing the identity of an incapacitated adult where reporting restrictions apply.’

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UK Human Rights Blog, 19th March 2015

Source: www.ukhumanrightsblog.com

Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Court of Protection Issues – Thirty Nine Essex Street

‘This paper provides an overview of the procedure which has been put in place to implement the streamlined process by which the Court of Protection may authorise deprivations of liberty following the Supreme Court decision in P v Cheshire West and Chester Council and P and Q v Surrey County Council [2014] UKSC 19.’

Full story (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

Judge refuses mother’s plea to treat terminally-ill son, saying he should be allowed to die – Daily Telegraph

Posted February 16th, 2015 in cancer, Court of Protection, doctors, families, medical treatment, news, young persons by sally

‘Court of Protection rules that specialists can lawfully stop providing chemotherapy to terminally-ill teenager.’

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Daily Telegraph, 14th February 2015

Source: www.telegraph.co.uk

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) – WLR Daily

In re M (Incapacitated Adult) (Best Interests Declaration: Potential Contempt) [2015] EWCOP 3; [2015] WLR (D) 42

‘The fact that a party deliberately acted in defiance of a best interests declaration made by the Court of Protection could not, without more, trigger contempt proceedings since a declaration was ultimately no more than a formal, explicit statement or announcement and there could not be “defiance” or “enforcement” of such a declaration.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

High cost of Court of Protection cases “a matter of serious concern”: report – Local Government Lawyer

Posted February 4th, 2015 in costs, Court of Protection, local government, news, reports by sally

‘The high cost of welfare cases in the Court of Protection is “a matter of serious concern” and – alongside the lengthy duration of such proceedings – requires urgent investigation, researchers at Cardiff University have said.’

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Local Government Lawyer, 3rd February 2015

Source: www.localgovernmentlawyer.co.uk

What price liberty? Damages, DOLS and a cat named Fluffy – UK Human Rights Blog

‘With a significant backlog of care home cases in the Court of Protection, P’s case runs the risk of becoming something of a precedent on the question of damages for unlawful detention. However, as far as calculation of damages goes, it is light on analysis of principle. This post seeks to explore whether the considerable case law that has developed on damages for false imprisonment in other situations may help illuminate what this type of case is worth.’

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UK Human Rights Blog, 29th January 2015

Source: www.ukhumanrightsblog.com

Court of Protection Update (January 2015) – Family Law Week

‘In this update Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable procedure for cases in which urgent and serious medical treatment is required.’

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Family Law Week, 16th January 2015

Source: www.familylawweek.co.uk