+44 (0)20 7832 1111

Mental Capacity Report – April 2018

News

Victoria Butler-Cole QC, Simon Edwards, Neil Allen, Katharine Scott, Alexander Ruck Keene, Annabel Lee, Nicola Kohn

10th April 2018

Welcome to the April 2018 Mental Capacity Report. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: the Government responds to the Law Commission’s Mental Capacity and Deprivation of Liberty report, the Joint Committee on Human Rights rolls up its sleeves, and exploring the outer limits of best interests;

(2) In the Property and Affairs Report: a guest article by Denzil Lush on statutory wills and substituted judgment and the Dunhill v Burgin saga concludes;

(3) In the Practice and Procedure Report: an unfortunate judicial wrong turn on ‘foreign’ powers of attorney, the new Equal Treatment Bench book, and robust case management gone too far;

(4) In the Wider Context Report: appointeeship under the spotlight again, a CRPD update and the Indian Supreme Court considers life-sustaining treatment;

(5) In the Scotland Report: the Mental Welfare Commission examines advocacy, a new Practice Note from the Edinburgh Sheriff Court and a Scottish perspective on the judicial wrong turn on ‘foreign’ powers;

You can find all our past issues, our case summaries, and more on our dedicated sub-site here, and our one-pagers of key cases on the SCIE website.