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.

A Court of Protection judge recently heard an appeal against a ruling that a man lacked capacity to conduct proceedings. The CoP team at 39 Essex Chambers report on the outcome.

The Care Quality Commission has fined a NHS Trust for failing to apologise. Jake Richards considers the lessons from the case.

The NHS Long Term Plan raises some interesting issues for anyone involved in procurement and bidding in the health sector, writes Mary Mundy.

Gerard Hanratty provides a legal overview of the new NHS Long Term Plan.

Do responsible clinicians have the power to impose conditions in a community treatment order (CTO) which have the effect of depriving a patient of his liberty? The Court of Protection team at 39 Essex Chambers analyse a Supreme Court ruling.

The Supreme Court has issued a significant ruling on the power to impose conditions on a discharge of a restricted patient which would amount objectively to a deprivation of the patient’s liberty. The Court of Protection team at 39 Essex Chambers analyse the judgment.

The Court of Appeal has confirmed the lawfulness of the proposed Whole Population Annual Payments for the NHS. Alistair Robertson and Jonathan Blunden analyse the ruling.

Sophy Miles sets out some of the key recommendations of the Independent Mental Health Act Review, which has led to the government announcing plans for a new Mental Health Bill.

The Government’s 2017 reforms to the NHS charging regime for ‘overseas visitors’ have been upheld in the High Court. Daniel Isenberg analyses the judgment.

The Supreme Court has clarified the limited scope of Tribunal discharge of restricted patients detained in hospital following a criminal conviction. Michael Paget and Zoë Whittington examine the ruling.

Eleanor Derry and Deborah Jeremiah consider the issues around obtaining consent for the provision of medical treatment to looked after children.