Capacity, presumptions and doubts – the Court of Appeal clarifies

In TDB v London Borough of Haringey [2026] EWCA Civ 1168, the Court of Appeal has clarified the role that capacity plays in the context of the conduct of Care Act 2014 assessments.  The observation…

Capacity, the ‘support principle’ and assisted dying – the case of learning disability

One of the consequences of the Terminally Ill Adults (End of Life) Bill cross-referring directly to the Mental Capacity Act 2005 is that the so-called ‘support principle’ in that Act is imported.  …

Case management and the Court of Protection – a wild idea [guest post)

[This is a guest post by Victoria Butler-Cole KC, a colleague of mine at 39 Essex Chambers, co-founder of the Mental Capacity Reports, and extremely experienced Court of Protection barrister] Anyon…

Suicide prevention and assisted dying – managing the tension

Suicide prevention is understood as a multi-agency public health endeavour aimed at reducing suicide deaths through a combination of individual and population-level interventions. National policy, …

Terminally Ill Adults (End of Life) Bill updated briefings from the Complex Life and Death Decisi...

The second reading of Lauren Edwards’ Terminally Ill Adults (End of Life) Bill is on Friday 11 September.  Together with my Complex Life and Death Decisions colleagues I do not take a positio…

Book Review: Graham Box and Kenneth Chambaere: Assisted Dying: The Great Legal and Moral Problem of...

Book Review: Graham Box and Kenneth Chambaere: Assisted Dying: The Great Legal and Moral Problem of Our Time (Policy Press, 2026, 249 pp, £24.99, paperback / ebook) This (relatively) short and (rel…

39 Essex Chambers September 2026 Mental Capacity Report and walkthrough

The September 2026 Mental Capacity Report is now out.  Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on post-AGNI developments, two capacity…

Mental capacity end of term report

The court term in England & Wales ends today, 31 July 2026.  Whilst this does not mean that the Court of Protection (or indeed the other courts) stop hearing cases, it does mean that there may …

Book reviews: Research Handbook on Medical Consent and Scottish Medical Essentials (Second Edition)

José Miola and Louise Austin (eds) Research Handbook on Medical Consent (Elgar, 2026, 485 pp, hardback £240 / ebook c£48) Having spent a significant amount of time recently working with the Associa…

Updated AGNI resources page (and over and out for now)

I have updated my resources page on the AGNI case to include, amongst other things, a link to the recording of the webinar held by the National Mental Capacity Forum on 24 June, and guidance from b…

Terminally Ill Adults (End of Life) Bill – updated Complex Life and Death Decisions briefing

On 14 June 2026, Lauren Roberts MP announced that she would use her position (second) in the Private Members Ballot to re-introduce the Terminally Ill Adults (End of Life) Bill.  It appears from he…

UK Supreme Court 2026 judgment on what constitutes a deprivation of liberty

Capacity: the court and the expert, and the ‘reasons burden

In one of what is likely to be one of her last decisions as a Tier 3 judge (having very recently been appointed a Court of Appeal judge), Lieven J considered a very complex situation in London Boro…

Terminally Ill Adults (End of Life) Bill resources

[This page is currently of historical relevance only given that the House of Commons declined to allow Lauren Edwards MP’s Bill to progress beyond Second Reading on 11 September 2026; I will …

AGNI – resources page, podcast and shedinar video

I have started a resources page on the AGNI case, and will start to populate it as more guidance and the like emerges.  The page includes links to a shedinar video that I have recorded about depriv…

39 Essex Chambers June 2026 Mental Capacity Report – and AGNI

The June 2026 Mental Capacity Report is now out. Highlights this month include: In the Health, Welfare and Deprivation of Liberty Report: coverage of ‘year zero’ as regards deprivation of liberty f…

Supreme Court overrules Cheshire West

In A Reference by the Attorney General for Northern Ireland of a devolution issue under paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2026] UKSC 16, a seven member Panel of the Supr…