News & Events

Community Care

John McKendrick QC succcessfully acts in Court of Appeal termination case

John recently appeared for the appellant in the Court of Appeal challenging a first instance declaration that a termination at 23 weeks was lawful and in an incapacitated woman’s best interests. The appeal was heard urgently the day before the termination was due to take place. The Court of Appeal, McCombe, King and Peter Jackson LJJ granted permission to appeal, allowed the appeal and dismissed the NHS Trust’s application. The Judgment can be found here. The Court emphasised the mandatory section 4 requirements of the Mental Capacity Act 2005, the need to fully consider the wishes and the feelings of an incapacitated person and importantly the views of others, as well as the medical evidence, when it was proposed the…

News 11 Jul, 2019

LBLA Community Care Conference

Members of Outer Temple Chambers Court of Protection Team delivered a Conference on Community Care for member Councils of the London Borough Legal Alliance. Mark Mullins, Fiona Scolding, Matthew Stockwell, Samantha Presland and Katarina Sydow delivered an informative event which covered a range of topics including an Analysis of the first year of the Community Care Act 2014, Disputes over the Costs of Care and an Update on the position concerning 16-25 year olds. Outer Temple Chambers offers a team of expert barristers to advise on and appear in the fast developing fields of welfare, serious medical treatment and property cases in the Court of Protection and in the High Court Family Division. In addition to its mental capacity expertise…

News 26 May, 2016

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