Mental Capacity Law Newsletter – March 2015

Mental Capacity Law Newsletter – March 2015

CategoryArticles Author Victoria Butler-Cole KC, Alex Ruck Keene KC (Hon), Simon Edwards, Neil Allen, Annabel Lee Date

Highlights this month include:

  1. In the Health, Welfare and Deprivation of Liberty Newsletter: a case rivalling Neary in its importance, a case at the outer limit of the COP’s powers and an update on Re X;
  2. In the Property and Affairs Newsletter: recent decisions of Senior Judge Lush, including a rare refusal of an application by the OPG for revocation of a power of attorney including an interesting assessment of the place of P’s wishes and feelings;
  3. In the Practice and Procedure Newsletter: the significant case of Bostridge on nominal damages, extreme product champions, veracity experts and the place of morality;
  4. In the Capacity outside the COP Newsletter: two extremely important decisions of Charles J in relation to the MHT and patients who may lack capacity, an extremely significant Strasbourg decision on Article 5; anonymisation, the capacity to drive; and a new SCIE directory of MCA resources;
  5. In the Scotland Newsletter: an appreciation of Sheriff John Baird, an update on deprivation of liberty in the context of the SLC report, new guidance from the MWC about managing the finances of those lacking the material capacity; an update on incapacity matters addressed (or not) in proposals for court reform and the further Devolution Command paper, and an update on the Assisted Suicide Bill.


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