Shared Insights: Mental capacity, care and consent: Applying the legal framework in practice

15 September 2026

This Shared Insights session, chaired by Rebecca Fitzpatrick, Partner and Head of the Advisory and Inquest team at Browne Jacobson, brought together a panel of experts to explore the legal framework governing mental capacity, care and consent.

The session covered a broad range of topics at the intersection of law, clinical practice, and ethics. The panel spoke about a young Jehovah's Witness patient with cancer, exploring how clinical teams, the Hospital Liaison Committee, and the courts worked together to support the patient and their family and secure a successful outcome. The session also examined the legal framework governing neglect, drawing on relevant legislation and case law, and considered how capacity and best interests interact in complex real-world scenarios.

Further discussion addressed recent and significant case law developments, including the AGNI judgment on deprivation of liberty and the Epsom and St Helier Supreme Court appeal, with practical top tips offered to practitioners on documentation, multidisciplinary working, and when to seek early legal advice.

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Our in-person and online events are designed exclusively for clients and targets. As such, we reserve the right to cancel bookings. If you’d like to speak to a member of the team regarding your attendance, please contact us.

Rebecca Fitzpatrick

Partner

Victoria Colclough

Partner

Nicola Evans

Partner

Nicola.Evans@brownejacobson.com

+44 (0)330 045 2962

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Mental capacity and the Court of Protection

Health and care

Deprivation of liberty

Health and social care disputes

Medical treatment decisions and disputes

Mental capacity and the Court of Protection

Spotlight on: Dan Taylor, Principal Associate

Shared Insights: Mental capacity, care and consent: Applying the legal framework in practice

15 September 2026

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Shared Insights: Mental capacity, care and consent: Applying the legal framework in practice

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Rebecca Fitzpatrick

Partner

Victoria Colclough

Partner

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Nicola Evans

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