Re KT & Ors

Mental Capacity Law Cases

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

Penn v Revill

Summary In this case, Dingemans J was asked to consider whether the provisions of CPR 21.10 are incompatible with the rights protected by article 14 of the European Convention on… Read more »

CategoryOther proceedings - Civil Date

The Hospital Trust v Miss V

Summary Miss V was a 21 year old woman with a severe learning disability, cerebral palsy and epilepsy.  She is described in the judgment as having the understanding of a… Read more »

CategoryBest interest - Contraception Date


Summary This case was concerned with the capacity of MB to make decisions about his residence, care and contact arrangements.  It is the culmination of a series of judgments, the… Read more »

CategoryMental capacity - Marriage Date

LB Wandsworth v M & Ors

Summary In LB Wandsworth v M & Ors, Hayden J was faced with a significant problem in relation to a child about to turn 18.  The solution that he adopted,… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction, Medical treatment - Treatment withdrawal Date

M v A Hospital

Summary[1] In M v A Hospital Peter Jackson J (giving one of his last judgments before his elevation to the Court of Appeal) has made clear his view that there… Read more »

CategoryMedical treatment - Treatment withdrawal Date

SCC v MSA & Ors

Summary[1] District Judge Bellamy has added to the small but important body of case-law concerning Rule 3A in the context of so-called Re X applications for judicial authorisation of deprivation… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date


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