24/05/15 (1): Best interests case.Re MN (An Adult) (2015) EWCA Civ 411, (2015) MHLO 41 — "The function of the Court of Protection is to take, on behalf of adults who lack capacity, the decisions which, if they had capacity, they would take themselves. The Court of Protection has no more power, just because it is acting on behalf of an adult who lacks capacity, to obtain resources or facilities from a third party, whether a private individual or a public authority, than the adult if he had capacity would be able to obtain himself."
23/05/15 (2): COP costs case.LB Redbridge v G (No 6) (2015) EWCA Civ 446, (2015) MHLO 40 — The Official Solicitor unsuccessfully appealed against an order that Associated Newspapers Limited should pay (only) 30% of his costs. (1) The primary ground of appeal - that the COP Rules did not apply - was described by the Court of Appeal as "simply a device to suggest that the costs presumption should be reversed". (2) The alternative ground was that if the COP Rules did apply then the judge had erred in the exercise of his discretion in the proportionate costs order that he made. In relation to this the Court of Appeal held that (a) given that inaccurate letters from the OS (stating that that ANL were prevented from visiting G) had triggered ANL's application, and that the OS had not understood the public importance of the media's general role, a proportionate costs order was unsurprising; and (b) multiple representation where there is no significant difference between the arguments of parties on an application is to be discouraged by a limitation in costs.
23/05/15 (1): Negligence claim.ABC v St George's Healthcare NHS Trust (2015) EWHC 1394 (QB), (2015) MHLO 39 — The claimant's father had killed his wife, was detained under s37/41, and refused to allow the Trust to inform his pregnant daughter of his Huntingdon's disease diagnosis. She claimed that the failure to inform her: (a) was negligent and breached Article 8; and (b) had caused psychiatric damage, and (if her daughter also has the disease) additional expense which she would have avoided by an abortion. Her claim was struck out.
14/05/15 (5): Taking Stock Conference, 16/10/15. The 2015 Annual Taking Stock Conference (The Mental Health & Mental Capacity Acts in Practice) will take place on Friday 16/10/15 at the Royal Northern College of Music, Manchester. Confirmed speakers (others TBC): Diana Rose, Alistair Burns, Neil Allen, Mathieu Culverhouse, Mat Kinton, Jenny Shaw. CPD: 4.5 SRA-accredited hours (0930-1600). Fee: £125; £100 for bookings made before 27/6/15; reduced-price places for voluntary sector organisations. See flyer for further details and booking information. See Events
14/05/15 (4): Legal Aid Agency, 'Keycard 51' (April 2015). This document is helpful when working out financial eligibility for civil Legal Aid. In force 6/4/15. See Legal Aid#Guidance documents
14/05/15 (3): CQC, 'Monitoring the Mental Health Act in 2013/14' (5/2/15). See ..→