39 Essex Street, 'Mental Capacity Law Newsletter' (issue 37, September 2013)
Mental capacity law newsletter "[This is] a bumper edition covering a range of significant cases relating both to welfare and to property and affairs, as well as wider developments such as the Health Select Committee’s damning criticism of the current DOLS regime. We would, perhaps, single out the decision in DE, the first authorisation by the Court of a male sterilisation; the decision by Charles J in AM on the interface between the MHA 1983 and the MCA 2005; the further guidance given by Senior Judge Lush as to gift-giving by deputies in Re Joan Treadwell; and the decisions in HS and Surrey CC v MB, emphasising the vital importance of undertaking a rigorous assessment of the evidence underpinning safeguarding concerns before issuing proceedings." The cases mentioned in this issue are: An NHS Trust v L [2012] EWHC 4313 (Fam), [2012] MHLO 180 (COP) — R (Nicklinson) v Ministry of Justice [2013] EWCA Civ 961, [2013] MHLO 65 — An NHS Trust v DE [2013] EWHC 2562 (Fam), [2013] MHLO 78 (COP) — An NHS Trust v Dr A [2013] EWHC 2442 (COP), [2013] MHLO 69 — AM v SLAM NHS Foundation Trust [2013] UKUT 365 (AAC), [2013] MHLO 80 — Re Boff COP case 12338771 — Re Goodwin (an order of the Senior Judge made on 17 June 2013) — Re Joan Treadwell (Deceased); OPG v Colin Lutz [2013] EWHC 2409 (COP), [2013] MHLO 57 — Re RGS (No 2) COP case 11831647 — Re JK COP case 1185523T — A Local Authority v WMA [2013] EWHC 2580 (COP), [2013] MHLO 79 — A Local Authority v HS COP case COP1201711T — Surrey County Council v M [2013] EWHC 2400 (Fam)B — Pearce v Beverley [2013] EW Misc 10 (CC) — R (D) v Worcestershire County Council [2013] EWHC 2490 (Admin)B — MA v Cyprus [2013] ECHR 717B. There is also information under the following headings: (a) Update on House of Lords Select Committee on the Mental Capacity Act 2005; (b) Health Select Committee recommends urgent review of implementation of DOLS regime; (c) Health Select Committee recommends urgent review of implementation of DOLS regime; (d) Using a lawyer as you get older: Ten top tips.