39 Essex Chambers, 'Mental Capacity Law Newsletter' (issue 43, March 2014)
Mental capacity law newsletter "Starting with England and Wales, and to pick up on capacity cases first, we would highlight, in particular, the decisions in LB Redbridge v G, C and F (disentangling duress from impairment) and JB (a lucid distillation of the principles relating to capacity to consent to medical treatment). Turning to best interests, we would draw your attention to the case of Manuela Sykes (balancing risks and benefits where it was very clear what P would have wished). In the property and affairs field, Senior Judge Lush has handed down a judgment (re DP) illuminating the distinction between an investigation conducted by the OPG and one conducted by the police. The case of JS v MP also provides a salutary cautionary tale in relation to informal decision-making."