A Court of Protection judge has made important observations about the need to distinguish between a reluctance to answer questions and an inability to do so, writes the CoP team at 39 Essex Chambers.

A recent decision is a useful reminder of the distinction between public law decisions and best interests decisions (the Court of Protection having jurisdiction over the former but not the latter) and the way in which, in practice, public law decisions may limit significantly the best interests decisions that can sensibly be made, writes the CoP team at 39 Essex Chambers.

The UK Coronavirus regulations contain legal powers to control a public health crisis. David Lawson looks at the key elements.

The Court of Appeal last month rejected a challenge to reorganisation plans by two clinical commissioning groups in the North East. 39 Essex Chambers explains why.

David Lawson considers the law and practice of quarantine – of individuals, of groups and of places, of the unwell and of the healthy.

Gwendoline Davies and Lynsey Oakdene offer practical advice arising from a High Court decision in a recent public procurement challenge.

In a recent case the Vice-President of the Court of Protection made some important comments in relation to case management. The CoP team at 39 Essex Chambers reports.

A recent case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty, writes Alex Ruck Keene.

The Care Quality Commission (CQC) recently decided not to pursue a duty of candour case against an NHS trust due to a lack of evidence. Sarah Knight looks at the lessons to be learned.

A Christian doctor was recently dismissed for refusing to address transgender patients by their chosen pronoun. Nadjia Zychowicz reports on the Employment Tribunal’s subsequent ruling.

Hope Davis-McCallion examines how the Court of Protection approached deciding whether a woman had capacity to make decisions about the management of her diabetes.

Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory…

Christine Cooper reports on an unusual inherent jurisdiction case that recently went before a High Court judge.

The Court of Protection team at 39 Essex Chambers report on the outcome of a ruling dealing with streamlined Re X applications made by two local authorities.

The Care Quality Commission (CQC) recently published interim findings about the segregation in mental health wards of young people and people with a learning disability or autism. Holly Bridden looks at the lessons to be learned.

Alex Ruck Keene looks at the lessons to be learned from the latest Court of Protection to address the issue of fluctuating capacity.

The Supreme Court has this month considered an appeal over entitlement to Personal Independence Payments. Leon Glenister explains the ruling.

Does a DoLS automatically engage Article 2 of the European Convention on Human Rights at inquest? Jessica Swift and Martin English examine the impact of a recent Divisional Court ruling.

The Mental Capacity (Amendment) Act 2019 received Royal Assent earlier this month. Matthew Angus and Amanda Mead examine its key provisions and how they will affect local authorities, health bodies and other organisations.

The Court of Appeal has rejected a nurse’s appeal against dismissal for improper conversations about religion with patients. Alessandra Gettins, Emma Rowley and Bridget Prosser explain why.