Welcome to the June 2026 Mental Capacity Report. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: coverage of ‘year zero’ as regards deprivation of liberty following the AGNI case; In the Property and Affairs Report: the SCCO and costs where P has died or regained capacity, and can you lie as to your own capacity; In the Practice and Procedure Report: the Court of Appeal resets transparency; In the Mental Health Matters Report: nominated persons resources and 20 years of Mental Health Law Online; In the Children’s Capacity Report: overseeing consent; In the Wider Context Report: well-being and wishes, [...]

In the Mental Health Matters Report: nominated persons resources and 20 years of Mental Health Law Online. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre. Click below to download the Mental Health Matters Report.

In the Property and Affairs Report: the SCCO and costs where P has died or regained capacity, and can you lie as to your own capacity. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre. Click below to download the Property and Affairs Report.

In the Scotland Report: Scottish reactions to AGNI. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Mental Capacity Report: Scotland.

In the Wider Context Report: well-being and wishes, and capacity and divorce.For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Wider Context Report.

In the Children’s Capacity Report: overseeing consent. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Children's Capacity Report.

In the Practice and Procedure Report: the Court of Appeal resets transparency. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

In the Health, Welfare and Deprivation of Liberty Report: coverage of ‘year zero’ as regards deprivation of liberty following the AGNI case; For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre. Click below to download the Health, Welfare and Deprivation of Liberty Report.

The ICC has approved its revised Arbitration Rules, which enter into force on 1 June 2026 and apply to all Requests for Arbitration filed on, or after, that date. The amendments are directed at efficiency, case management and modernisation and are likely to feature in rules amendments by other arbitral institutions. The changes include the removal of mandatory Terms of Reference, greater emphasis on Case Management Conferences, a new early determination procedure, a new Highly Expedited Arbitration Procedure, an increase in the Expedited Procedure threshold, revised time limits for final awards, enhanced arbitrator disclosure obligations and default electronic communications. In [...]

In a landmark decision which will redefine the domestic understanding of a deprivation of liberty for the purposes of Article 5 ECHR, and impact on the population of approximately 400,000 people in England and Wales who are considered to be deprived of their liberty in health and social care settings, the Supreme Court has set aside the 2014 decision of P v Cheshire West and Chester Council [2014] UKSC 19. In A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16, the Supreme Court has [...]