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Capacity, Court of Protection | Thursday 1 July 2021

Capacity and best interests: agoraphobia, pregnancy and transfer to hospital

Blog post by Mai-Ling Savage of the Garden Court Chambers Court of Protection Team. A NHS Foundation Trust v An Expectant Mother [2021] EWCOP 33, Holman J, 13 May 2021

Helen Curtis

Capacity, Court of Protection | Thursday 1 July 2021

Capacity to decide to engage in sexual relations – application for a prospective declaration of incapacity rejected

Blog post by Helen Curtis of the Garden Court Chambers Court of Protection Team. A Local Authority v A Mother and A Father and DY [2021] EWCOP 28 (Knowles J) 10 May 2021

Bethan Harris

Capacity, Court of Protection | Friday 30 April 2021

Social Welfare Update: Making arrangements for paid for sexual services for a person who lacked capacity to make those arrangements was not an offence under s 39 Sexual Offences Act 2003

Blog post by Bethan Harris of the Garden Court Chambers Court of Protection Team. A Local Authority -and- C (by his litigation friend, AB), A Clinical Commissioning Group and Secretary of State for Justice [2021] EWCOP 25, Hayden J, 26 April 2021

Rachel Schon

Adult social care, Capacity, Court of Protection | Friday 26 February 2021

Social Welfare Update: Capacity and best interests in relation to Covid-19 Vaccination

E (Vaccine) [2021] EWCOP 7, Mr Justice Hayden, 20th January 2021

Tim Baldwin

Capacity, Court of Protection | Friday 26 February 2021

Social Welfare Update: Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member?

SD v Royal Borough of Kensington and Chelsea [2021] EWCOP 14

Helen Curtis

Adult social care, Capacity, Court of Protection | Friday 26 February 2021

Social Welfare Update: Damages of £143,000 for unlawful deprivation of liberty of incapacitous care home resident upheld

London Borough of Haringey v Emile [2020] County Court at Central London, 18 December 2020, HHJ Saggerson

Helen Curtis

Adult social care, Capacity, Court of Protection | Wednesday 23 December 2020

Social Welfare Update: Contact for those in care homes – the need for an individualised and proactive approach

Blog by Helen Curtis of the Garden Court Chambers Court of Protection Team. Davies v Wigan Council & Anor [2020] EWCOP 60

Helen Curtis

Capacity, Court of Protection, Mental health | Friday 18 December 2020

Social Welfare Update: Mental Health Act 1983 conditional discharge and authorisation of deprivation of liberty under MCA 2005 Sch. A1 - whose decision is it anyway?

Blog by Helen Curtis of the Garden Court Chambers Mental Health Law Team. MC v Cygnet Behavioural Health Ltd and The Secretary of State for Justice [2020] UKUT 230 (AAC)

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