Moors murderer Ian Brady appears in public at ‘right-to-die’ hearing – The Guardian

Posted June 18th, 2013 in assisted suicide, mental health, news, prisons, tribunals by sally

“Moors murderer Ian Brady began a legal attempt to prove that he is sane in the hope that he will be discharged from the secure psychiatric hospital where he is incarcerated and sent to a high security jail so he can starve himself to death.”

Full story

The Guardian, 17th June 2013

Source: www.guardian.co.uk

Why are vulnerable women still being jailed? – The Guardian

Posted June 17th, 2013 in inquests, mental health, news, prisons, suicide, women by sally

“Suicide case highlights dangers of unsafe prisons, say campaigners.”

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The Guardian, 16th June 2013

Source: www.guardian.co.uk

Sir Mark Hedley: The judge who opened the doors to Britain’s most secretive court – The Independent

“Sir Mark Hedley decided that the public should know about the judiciary’s highly sensitive rulings. He tells Emily Dugan why.”

Full story

The Independent, 16th June 2013

Source: www.independent.co.uk

Ian Brady in prison transfer tribunal – The Independent

Posted June 17th, 2013 in mental health, murder, news, transfer of prisoners, tribunals by sally

“Moors Murderer Ian Brady is scheduled to go before a tribunal later today in his bid to be transferred to a prison to die.”

Full story

The Independent, 17th June 2013

Source: www.independent.co.uk

Can we really trust the Mental Capacity Act? – Halsbury’s Law Exchange

Posted June 12th, 2013 in consent, disabled persons, mental health, news by sally

“The introduction of the Mental Capacity Act 2005 (MCA 2005) was celebrated for establishing a groundbreaking legal framework which empowers and protects those who lack capacity. Yet only six years after its implementation, the criticisms of MCA 2005 have grown to such an extent that the House of Lords has established a post-legislative scrutiny committee. So what has led to this apparent volte face?”

Full story

Halsbury’s Law Exchange, 12th June 2013

Source: www.halsburyslawexchange.co.uk

Statutory Wills Update – Thirty Nine Essex Street

Posted June 4th, 2013 in Court of Protection, mental health, news, wills by sally

“This paper addresses the exercise by the Court of Protection of its power under s.18(1)(i) Mental Capacity Act 2005 (‘MCA 2005’) to execute a will for P where P is incapable of making a valid will for him or herself. Such so-called statutory wills (although the phrase does not in fact appear in the MCA 2005) are a very powerful tool that the Court can deploy to protect P and, in particular, P’s estate. Having set the statutory scene, this paper address two key aspects of the Court’s jurisdiction in this regard: (1) the assessment of P’s best interests; and (2) the assessment of P’s testamentary capacity (and, linked, how this assessment relates to the assessment that is undertaken outside the Court’s jurisdiction).”

Full story (PDF)

Thirty Nine Essex Street, May 2013

Source: www.39essex.com

Psych versus Psych: A Diagnostic Dispute and the Implications for Expert Witnesses in Family Proceedings – Family Law Week

Posted May 29th, 2013 in evidence, expert witnesses, family courts, mental health, news by sally

“William Tautz, barrister of Tooks Chambers, examines the fundamental challenge to psychiatric diagnosis recently announced by the British Psychological Association and explores its implications for the instruction and cross-examination of expert witnesses in a post-streamlined PLO world.”

Full story

Family Law Week, 23rd May 2013

Source: www.familylawweek.co.uk

Student who killed ‘devil’ arts blogger is detained indefinitely – The Guardian

Posted May 28th, 2013 in detention, diminished responsibility, mental health, murder, news by sally

“A student is to be detained indefinitely in Broadmoor secure hospital for killing an arts expert who blogged as Professor Whitestick.”

Full story

The Guardian, 28th May 2013

Source: www.guardian.co.uk

Bipolar patient has capacity to decide to terminate pregnancy – UK Human Rights Blog

Posted May 28th, 2013 in abortion, Court of Protection, mental health, news by sally

“The patient in this case was a 37 year old highly intelligent graduate who worked in IT. For the past 8 years she presented with symptoms which were diagnosed as those of bi-polar disorder. She had been detained under compulsory or similar powers at various times in Italy, in France and here in England.”

Full story

UK Human Rights Blog, 24th May 2013

Source: www.ukhumanrightsblog.com

Bipolar woman wins High Court battle for right to have abortion – The Independent

Posted May 24th, 2013 in abortion, Court of Protection, mental health, news by tracey

“A pregnant woman with severe mental health problems is expected to have an abortion after a High Court judge ruled that she was capable of making the decision.”

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The Independent, 21st May 2013

Source: www.independent.co.uk

Two win sickness benefit test legal challenge – BBC News

“Two people with mental health problems, who claimed the test for sickness benefit would discriminate against them, have won their legal challenge.”

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BBC News, 22nd May 2013

Source: www.bbc.co.uk

Judge to rule if man can refuse help for cancer – Daily Telegraph

Posted May 21st, 2013 in cancer, Court of Protection, medical treatment, mental health, news by sally

“A judge has been asked to decide if a man who suffers from a chronic mental illness should be treated for possible testicular cancer after he refused the treatment recommended by doctors.”

Full story

Daily Telegraph, 20th May 2013

Source: www.telegraph.co.uk

Paranoid woman begs court to let her abort baby she gave up pills to protect – The Independent

Posted May 21st, 2013 in abortion, medicines, mental health, news by sally

“A pregnant woman suffering from ‘severe’ mental health problems has made an impassioned plea to a High Court judge, asking that she be granted an abortion.”

Full story

The Independent, 20th May 2013

Source: www.independent.co.uk

The meaning of care and attention – NearlyLegal

“SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of ‘care and attention’ in the context of s.21, National Assitance Act 1948.”

Full story

NearlyLegal, 20th May 2013

Source: www.nearlylegal.co.uk

Oxfordshire beheading: Jonathan Limani’s appeal rejected – BBC News

“A man who beheaded a restaurant manager will not have his 19-year sentence reduced by the Court of Appeal.”

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BBC News, 17th May 2013

Source: www.bbc.co.uk

PC ( by her litigation friend the Official Solicitor) and another v City of York Council – WLR Daily

PC (by her litigation friend the Official Solicitor) and another v City of York Council [2013] EWCA Civ 478; [2013] WLR (D) 176

“The test for whether a person had capacity under the Mental Capacity Act 2005 to decide was specific to the decision in question in its particular factual matrix and context.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Priority need – NearlyLegal

“Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not.”

Full story

NearlyLegal, 15th May 2013

Source: www.nearlylegal.co.uk

Son jailed for 18 years at least for murdering mother after she threatened to disinherit him – The Independent

Posted May 16th, 2013 in families, mental health, murder, news, sentencing by sally

“A carpet fitter who smothered his frail mother to death after she threatened to write him out of her will has been jailed for life and ordered to serve a minimum of 18 years.”

Full story

The Independent, 15th May 2013

Source: www.independent.co.uk

Mental Impairment – Identifying the signs – One Inner Temple Lane

Posted May 15th, 2013 in learning difficulties, mental health, news, trials by sally

“The issue of identifying mental impairment in relation to a defendant is one which requires careful thought, skill and tact from the criminal practitioner. Practical examples of the way in which these conditions may manifest themselves are useful. A purely academic approach may not be sufficient when dealing with the vulnerable clients that might be encountered.”

Full story

One Inner Temple Lane, 8th May 2013

Source: www.1itl.com

SL (FC) (Respondent) v Westminster City Council (Appellant) – Supreme Court

Posted May 10th, 2013 in housing, immigration, local government, mental health, news, Supreme Court by sally

SL (FC) (Respondent) v Westminster City Council (Appellant) [2013] UKSC 27 | UKSC 2011/0229 (YouTube)

Supreme Court, 9th May 2013

Source: www.youtube.com/user/UKSupremeCourt