Tags » Mental Capacity Act

Have we just given up on the notion of the Supreme Court being supreme?

After yesterday’s CM v Blackburn in which the Court of Appeal sidle up to the notion that the Supreme Court weren’t formulating new law in Re B, we now have the High Court in the form of Mostyn J just outright quibbling with their decision in Cheshire West. 1,694 more words

Case Law

Answering the call for Mental Capacity Act best practice documents

The Social Care Institute for Excellence (SCIE) is working on behalf of the Department of Health to collate resources that prove useful in practitioners’ work in relation to mental capacity. 160 more words


Munchausen, MMR and mendacious "warrior mothers"

A Local Authority and M (By his litigation friend via the Official Solicitor) v E and A (Respondents) EWCOP 33 (11 August 2014) – read judgment… 2,583 more words

In The News

Tin-foiled again. Conspiracy and the Court of Protection

The Court of Protection case of A Local Authority v M and Others has it all.  A huge schedule of potential findings, a real barney as to whether a young man’s parents have been the victims of terrible circumstances and cover ups and abuse or whether they have been abusing their son, Andrew Wakefield (of all people),  homeopathic medicine, a conflict between “mainstream medical thinking” and “mainstream autism thinking”, a witness list of 91 witnesses including a request that a High Court Judge be called to give evidence, and not forgetting a period of time in which the parents wrapped various household electrical objects up in tinfoil. 12,301 more words

Case Law

Testamentary capacity and the MCA 2005 (again)

Link from the STEP newsletter to 39 Essex Street Chamber’s article (page 13) on the testamentary capacity test and how this contrasts with the MCA test.   9 more words


Somerset v MK - conduct of a Local Authority and deprivation of liberty

This is a Court of Protection case, involving a 19 year old “P”.

Somerset v MK – Court of Protection,Deprivation of Liberty ,Best Interests Decisions ,Conduct of a Local Authority 2014… 2,502 more words

Case Law