Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 163, July 2026)

— "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: an update on post-AGNI developments, two capacity conundrums in one case and ‘over-litigation’ in a PDOC case; (2) In the Property and Affairs Report: an update from the Property and Affairs Court User Group meeting and the OPG is recruiting lawyers; (3) In the Practice and Procedure Report: the Court of Appeal resets the approach to personal welfare deputies, and cross-border cases involving Scotland; (4) In the Mental Health Matters Report: recent cases concerning the relationship between the MHA and the MCA and an excoriating judgment on “detainability;” (5) In the Children’s Capacity Report: AGNI and children and the Joint Committee on Human Rights reports on the human rights of children in care; (6) In the Wider Context Report: litigation capacity complexities, and recent medical guidance documents concerning consent, voluntarily stopping eating and drinking, and eating disorders and critical care; (7) In the Scotland Report: a Practice Note that has caused some consternation."
Full details available at: https://www.mentalhealthlaw.co.uk/39_Essex_Chambers,_%27Mental_Capacity_Report%27_(issue_163,_July_2026)?id=030926-1302