P v G

Mental Capacity Law Cases

P v G


Summary This was a case that was decided in May 2017, but only appeared on Bailli in February 2018.  P was an elderly lady who had cognitive impairments after suffering… Read more »

CategoryBest interests - P's wishes Date

Re Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies


Summary In this case Senior Judge Hilder considered and gave guidance in relation to applications on behalf of trust corporations to become property and affairs deputies. The trust corporations in… Read more »

CategoryDeputies - Financial and property affairs Date

DB (as executor of the estate of OE) v SSWP and Birmingham CC


Summary   In DB (as executor of the estate of OE) v SSWP and Birmingham CC (SPC), Upper Tribunal Judge Mitchell took the opportunity to express some views on the… Read more »

CategoryMental capacity - Finance Date

R (VC) v Secretary of State for the Home Department


Summary The case concerned a Nigerian national (VC) in the UK who suffered from bipolar affective disorder with psychotic features. He was admitted to hospital on multiple occasions for treatment… Read more »

CategoryArticle 5 ECHR - Damages Date

Re A-F (Children)


Summary Sir James Munby P has pronounced upon two key issues in relation to deprivation of liberty and children: When is a child to be considered to be confined (i.e…. Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

James v James and others


Summary In this case the court had to rule on the validity of a will where the capacity of the testator was in issue. The parties initially, in their skeleton… Read more »

CategoryTestamentary capacity Date

Re KT & Ors


Summary Charles J has returned – again – to the vexed question of how Re X applications (now, strictly, COPDOL11 applications) can proceed where there is no-one can properly play… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

Re S (Child as parent: Adoption: Consent)


Summary We briefly mention this decision because it is the first time MCA-concepts and language have been expressly endorsed and adopted when assessing the Gillick competence. In short, S was… Read more »

CategoryMental capacity - Assessing capacity Date

Tinsley v Manchester City Council & Ors


Summary We reported on this case at first instance, the facts being found here. The Court of Appeal defined the question before them as “whether a person who has been… Read more »

CategoryDeputies - Financial and property affairs Date

In the matter of D (A Child)


Summary[1] This significant ruling by the Court of Appeal concerns the extent to which parents are able to consent to the confinement of their incapacitated children in light of Cheshire… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons Date

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