Mental Capacity Law Cases


Luton Borough Council v (1) SB (2) RS (by his litigation friend, the Official Solicitor)


Summary RS was a 25 year old man with an intellectual disability and autism spectrum disorder. He lived with his mother (SB) and six of his seven siblings. Proceedings were… Read more »

CategoryMental capacity - Marriage Date

Re JW


Summary In this case Senior Judge Lush had to consider the issue of who should be P’s deputy, P’s son or the local authority authorised officer. The local authority authorised… Read more »

CategoryBest interests - Property and affairs, Deputies - Financial and property affairs Date

Kings College NHS Foundation Trust v C and V


Kings College NHS Foundation Trust v C and V [2015] EWCOP 59 (MacDonald J) Mental capacity – assessing capacity – medical treatment Summary [Editorial note: this case has attracted much… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Medical treatment, Other proceedings - Civil Date

Re AG


Summary Sir James Munby P has given important guidance as to when (and when not) to hold a fact-finding hearing. The context of the decision is one that is –… Read more »

CategoryPractice and procedure - Fact finding Date

MM v WL Clinic and MHS


  Summary   The patient was 32 years old with a diagnosis of mild learning disability, autistic spectrum disorder and pathological fire starting. Convicted of arson, the Crown Court imposed… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Mental Health Act 1983 - Conditional Discharge Date

R (on the application of Idira) v Secretary of State for the Home Department


Summary This case, from the immigration context, concerns a claim for unlawful detention contrary to Article 5(1) ECHR. The appellant was an Algerian national whose leave to remain in the… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

M v Mrs N & Ors


Summary [Editorial Note: the judge, Hayden J, expressly debated with himself whether it was necessary to review the progress of Mrs N’s condition, his instinct being to give priority to… Read more »

CategoryBest interests - Medical treatment, Practice and procedure - Fact finding Date

Re HNL


Summary In this case Senior Judge Lush had to consider the issue of gratuitous care allowances paid to lay deputies or members of P’s family. The deputy in this case… Read more »

CategoryBest interests - Property and affairs Date

A Hospital NHS Trust v (1) CD (2) A Mental Health Trust


Summary The issue in this case was whether it was in the best interests of a 43 year old woman, CD, who suffered from paranoid schizophrenia to have a total… Read more »

CategoryBest interests - Medical treatment, Mental Health Act 1983 - Interface with MCA Date

Elaine Winspear v City Hospitals Sunderland NHS Foundation Trust


Summary Facts Carl Winspear was twenty-eight years old when he died shortly after 11.00 pm on the 3 January 2011. He had suffered all his life from cerebral palsy, epilepsy,… Read more »

CategoryOther proceedings - Civil Date

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