News & Events

Mental Health

John McKendrick QC acts in complex Mental Health case

John McKendrick QC is appearing in the Supreme Court on 26 April 2016, on behalf of Mr Lee Hirons, the appellant. The issue in the case is whether the recall of the appellant to hospital under s.42(3) Mental Health Act 1983 was unlawful and should entitle him to relief, because he was not given adequate reasons at the time the recall warrant was executed, nor within 72 hours in breach of the applicable policy of the Secretary of State. Mr Lee Hirons was made the subject of a restricted order under the Mental Health Act 1983. A few weeks after his conditional discharge from hospital a warrant was executed for his recall. He was told at the time that it was…

News 26 Apr, 2016

Matthew Stockwell is presenting at APIL seminar 11th June, Manchester

Running a brain injury case – the fundamentals: an essential introduction for any practitioner wishing to handle a case involving a brain injury. This one-day course will help you address the difficulties of representing people with injuries that might not always be visible but which can have a devastating affect on their personality and behaviours, with severe consequences for them and everyone around them. 11/06/2015, Manchester, Crowne Plaza, 9:30am – 5:00pm, registration from 9:00am. For full details and to book click here.

Events 18 May, 2015

Part 1 of the Care Act 2014 breakfast seminars

Outer Temple invites you to its spring seminars on the Care Act 2014. We are running 4 seminars looking at different aspects of the Act. You are welcome to attend all or select the topics which appeal to you most. Care and support under the Care Act 2014 – an introduction to Part 1 of the Act 14th May 2015, 08:30 to 10:00. The Care Act 2014 replaces a patchwork of social care legislation with a single system intended to establish eligibility for care and support for adults with needs, and for carers. This session will cover the new “wellbeing” principles underpinning the Act, who is entitled to an assessment, how the new national eligibility framework will be applied, the…

Events 6 May, 2015

Decision Making Under the Mental Capacity Act 2005 seminar

This informal seminar will discuss various approaches to decision making under the 2005 Act. Delegates will benefit from hearing from three experienced speakers, who together will be able to provide significant perspectives from their respective role. It will be a particular pleasure to hear from one of the Court of Protection’s most distinguished and thoughtful judges. Registration from 17:30 for a 18:00 start, followed by drinks.

Events 17 Apr, 2015

Outer Temple Chambers seminar on Part 1 of the Care Act 2014

Care and support under the Care Act 2014 – an introduction to Part 1 of the Act The Care Act 2014 replaces a patchwork of other pieces of social care legislation with a single system to establish eligibility to care and support for adults with needs and for carers. This session will cover the new “wellbeing” principles underpinning the Act, who is entitled to an assessment, how the new national eligibility framework will be applied, the legal status of care and support plans, rights to personal budgets and direct payments and how these new rights can be enforced. Transition to adult care and support under the Care Act 2014 The Care Act 2014 contains important new rights for children with…

Events 9 Apr, 2015

John McKendrick acts in landmark Court of Protection case

John McKendrick, instructed by Hannah Taylor of Bevan Brittan, acted for two health authorities and the relevant local authority in complex proceedings, resolved by Mr Justice Cobb by granting the relief sought by the applicants, permitting the sterilisation of a learning disabled woman, referred to as DD. The proceedings began in May 2014 and have involved decisions by Mostyn J, Pauffley J and Cobb J and have been reported at Mental Health Trust & DD [2014] EWCOP 11; [2014] EWCOP 13; and [2014] EWCOP 44. Mr Justice Cobb’s decision in Mental Health Trust v DD & BC [2015] EWCOP 4 is the latest decision in these complex proceedings. He concluded the evidence powerfully demonstrated DD lacked capacity to make decisions…

News 4 Feb, 2015

Judge approves man’s sterilisation

John McKendrick, instructed by Weightmans solicitors, has appeared for the local authority in a ground breaking case before the Court of Protection. Today, Mrs Justice Eleanor King has made legal history by granting an application for a declaration that it is lawful and in the best interests of an incapacitated adult to undergo a non therapeutic sterilisation. This is believed to be the first time a court in this jurisdiction has approved such a procedure being carried out on a man who is incapable of consenting. John acted for the local authority, who argued the incapacitated man should undergo the sterilisation procedure to provide him with greater independence and to safeguard his relationship with his long term girlfriend. The man…

News 15 Aug, 2013

John McKendrick in sterilisation case

John recently acted for a local authority in proceedings before the Court of Protection which determined that sterilisation would not be in the best interests of a young learning disabled woman. Mr Justice Cobb took the opportunity to remind practitioners of the procedure for dealing with non therapeutic sterilisation cases. Please follow these links to view news articles and judgment: Telegraph – Judge Blocks Sterilisation of Downs Syndrome Woman Express – Downs Syndrom Sterilisation Ruling Daily Mail Bailli John is a recognised leading junior in the fields of the Court of Protection and accepts instructions from families, health bodies, local authorities and the Official Solicitor.

News 18 Feb, 2013

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