August 2020 chronology
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See August 2020 update for a thematic summary of these changes.
- 30/08/20(1459): Larry Gostin's textbook now online. Professor Lawrence Gostin and Shaw & Sons have kindly given permission for Larry Gostin, Mental Health Services: Law and Practice (Shaw & Sons, supplement issue no 18, June 2000) to be reproduced on Mental Health Law Online. The book is out of print and the law stated in it out of date, but it is being reproduced here for historical and academic interest. There is one missing document, at Appendix C, page 21 (MHAC Circular - September 1984 - Mental Health Act 1983 - Review of Treatment, section 61). If you have the pages, please let me know! See Gostin.
- 29/08/20(1720): Case (EAT capacity and litigation friend). Stott v Leadec Ltd (2020) UKEAT 263/19 — The Employment Appeal Tribunal adjourned for a medical report on litigation capacity and commented on the continuing lack of rules rules containing clearly defined powers in relation to proceedings involving protected parties (as defined in Part 21 of the CPR) in employment tribunals and in the EAT.
- 17/08/20(2130): COPUG meeting postponed. The meeting has been postponed from 6/10/20 to 8/10/20 and will be held via Microsoft Teams. See Court of Protection User Group Meeting (London, 8/10/20).
- 14/08/20(2231): MHA book. Richard Jones, Mental Health Act Manual (23rd edn, Sweet and Maxwell 2020) —The publishers also sell an eBook version and eBook and paperback bundle. This is the book everybody needs to have.
- 14/08/20(2220): PELT courses now online. Peter Edwards Law Training courses will now be held online, including: Event:PELT: Introduction to the Mental Health Act (online, 16/9/20); Event:PELT: Introduction to MCA and Deprivation of Liberty Safeguards (online, 18/9/20); Event:PELT: Accredited - Admission to the MHT Panel (online, 28/9/20 and 29/9/20); Event:PELT: Mental Health Act Masterclass - Legal Update (online, 14/10/20); Event:PELT: Court of Protection/MCA Masterclass - Legal Update (online, 16/10/20); and PELT: Introduction to using Court of Protection including s21A Appeals (online, 27/10/20) (subsequently moved - Event:PELT: Introduction to using Court of Protection including s21A Appeals (online, 2/12/20)).
- 06/08/20(1346): Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 106, July 2020) —"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: LPS delayed to April 2022; alcohol dependence and other capacity conundrums; stem cell donation and altruism, and when to come to court in medical treatment cases; (2) In the Property and Affairs Report: updated OPG guidance on making LPAs under light-touch lockdown and a face-off between potential professional deputies; (3) In the Practice and Procedure Report: a basic guide to the CoP; litigation capacity and litigation friends and observations about intermediaries and lay advocates; (4) In the Wider Context Report: capacity and the Mental Health Tribunal, a change of approach to s.117 aftercare and lessons learned from a close encounter with triage; (5) In the Scotland Report: the Scott Review summary of responses to its initial survey and a response from the Chair to the critique in our last issue."
- 06/08/20(1339): Mental capacity law newsletter. 39 Essex Chambers, 'Mental Capacity Report' (issue 105, June 2020) —"Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Report: the Court of Appeal presses the reset button in relation to capacity and sexual relations, and three difficult medical treatment decisions; (2) In the Property and Affairs Report: the impact of grief on testamentary capacity; (3) In the Practice and Procedure Report: a remote hearings update, and a pragmatic solution to questions of litigation capacity arising during the course of a case; (4) In the Wider Context Report: DoLS and the obligations of the state under Article 2 ECHR, the Parole Board and impaired capacity, and recent relevant case-law from the European Court of Human Rights; (5) In the Scotland Report: the interim report of the Scott Review critiqued."
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