1 November Case Updates Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 Fitness to plead, Capacity, 10. Report Writing, 11. Responding to questions This case is about whether the judge erred in finding that Ms Soophia Khan had capacity to defend proceedings for contempt of court. This is an important judgment for any psychiatrist called upon to assess fitness to plead and stand trial in a criminal case or litigation capacity in a civil case; and important also for any psychologist whose evidence may be considered in such a case. It is not just because it compares the tests for fitness to plead and stand trial and litigation capacity; it is a rare illustration of not only how a judge at first instance assesses expert evidence in such a case but also of how the court of appeal analyses the judicial reasoning when such a case is appealed.
8 August Case Updates Warrington Borough Council v Y [2023] EWCOP 27 Care, Psychology, Psychiatry, Capacity, Residence, Frontal lobe damage, Frontal lobe paradox, 10. Report Writing, 09. Records Assessments and Site Visits “Aim for magnetic north in capacity cases”
7 August Case Updates Cheshire and Wirral Partnership NHS Foundation Trust v JMC [2023] EWCOP 14 Psychiatry, Capacity, Section 49, Mental Capacity Act, 05. Rules and Regulations “Is a section 49 report an expert report?”
6 June Case Updates North Bristol NHS Trust v R [2023] EWCOP 5 Psychiatry, Capacity, Consent, Caesarean section, 10. Report Writing “Capacity to consent to elective Caesarean section”