*/
Court of Protection – Mental defective. The claimant, who had been involved in alcoholism, homelessness and criminal acts, suffered a severe head injury. He lived in a care home, where he was receiving treatment. The defendant local authority granted the home a standard authorisation preventing the claimant from leaving unsupervised. The defendant wished to live, with assistance, in the community. He applied to terminate the standard authorisation. The Court of Protection held that the claimant lacked capacity to decide issues of accommodation and care. The Court of Appeal, Civil Division, held that the mental capacity requirement set out in para 15 of Sch A1 to the Mental Capacity Act 2005 was satisfied, as the claimant lacked capacity to weigh up information when making decisions, and that detention in the care home was in RB's best interests.
Court of Protection – Mental defective. The claimant, who had been involved in alcoholism, homelessness and criminal acts, suffered a severe head injury. He lived in a care home, where he was receiving treatment. The defendant local authority granted the home a standard authorisation preventing the claimant from leaving unsupervised. The defendant wished to live, with assistance, in the community. He applied to terminate the standard authorisation. The Court of Protection held that the claimant lacked capacity to decide issues of accommodation and care. The Court of Appeal, Civil Division, held that the mental capacity requirement set out in para 15 of Sch A1 to the Mental Capacity Act 2005 was satisfied, as the claimant lacked capacity to weigh up information when making decisions, and that detention in the care home was in RB's best interests.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts