Mental Capacity Update

26 September 2019 – 39 Essex Chambers The Supreme Court has held (by a majority) where a 16 or 17

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Doctors can perform C-section if woman loses mental capacity, judge rules

02 September 2019 – Guardian A judge has given doctors permission to perform a caesarean section on a woman with

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Fluctuating capacity – micro vs macro decisions

01 August 2019 – Alex Ruck & Keene Some may remember that the Court of Appeal was going to give

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Mental Capacity Report: Compendium – Sept 2019

September 2019, Issue 97 – 39 Essex Chambers Welcome to the September 2019 Mental Capacity Report. Highlights this month include:

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Mental Capacity Report: Compendium – Jun 2019

June 2019, Issue 95 – 39 Essex Chambers Highlights in this report include: In the Health, Welfare and Deprivation of

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New capacity guidance

The British Psychological Society has produced two useful guides to assist clinicians. One is a more general capacity guide entitled,

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Rules of engagement in the Court of Protection (and the parallel universe of children meeting judges in the Family Court)

[Editorial note: we are very pleased to include here a guest article by Dr Paula Case of the University of

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TB v KB and LH (Capacity to Conduct Proceedings)

Summary In this case Macdonald J had cause to consider the phenomenon of executive dysfunction in the context of the

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Short note: seize the day, or lose the person

In FT v MM and RM [2019] EWHC 935 (Fam) Russell J highlighted a real – and problematic – difference

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Short note: one option in practice

In Harrow Clinical Commissioning Group v IPJ & Ors [2018] EWCOP 44, SJ Hilder considered a classic situation of “only

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