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Monday 2 March 2020 is this year’s national offer day for secondary school admission applications when parents and pupils receive the decision on whether they have been successful in their choice of preferred secondary school. It will be a day of...
In a recent case, the Vice President of the Court of Protection, Hayden J, reminded us of the importance of the presumption of capacity and the requirement for proper assessment of mental capacity on an issue-specific basis. Everyone is assumed to have...
The third quarter of 2019 (July-September) saw a record number of applications made under the Mental Capacity Act according to a recent update on family court statistics. A total of 9,407 applications were made under the act during this period which...
Our data protection and privacy team are representing a number of claimants in claims for compensation against various NHS Trusts following their breaches of data protection legislation . What happened? In the last month or so, we have received a...
Its that frantic time of year again when parents and children are considering their preference for secondary schools as the admissions window opened in early September 2019 for pupils going to secondary schools in September 2020. Education lawyer Mike...
Our actions against police team are representing a number of claimants in claims for compensation against Randox Testing laboratory following unsafe forensic test results being used in their samples. What happened? In short, forensic samples were...
In the recent landmark Court of Protection case of AB (termination of pregnancy), Re [2019] EWCA Civ 1215, the Court of Appeal had to decide whether it would be in the best interests of AB, a learning disabled woman, to provide the consent necessary in...
In the recent Court of Protection case of Re: A [2019] 3WLR 59, Cobb J outlines the relevant and irrelevant information for the purposes of deciding whether a person has capacity to make decisions about internet and social media use. The...
In the recent Court of Protection case of Royal Borough of Greenwich v CDM [2019] EWCOP 32, the court had to decide whether the assessment of capacity to make decisions about diabetic management should be one global macro-decision, embodying all of the...
A remarkable case heard by Lord Justice Hayden sitting at the Court of Protection in London has highlighted the importance of going the extra mile to establish a person’s wishes and feelings, even in circumstances where a person may not be able to...
