CH v A Metropolitan Council

Mental Capacity Law Cases

CH v A Metropolitan Council

Summary CH was born with Downs Syndrome and an associated learning difficulty. In 2010, he married his wife, WH, and they lived together in his parents’ home. They sought fertility… Read more »

CategoryArticle 8 ECHR - Contact, Mental capacity - Sexual relations, COP jurisdiction and powers - Damages, Mental capacity - Contact Date

B v D

Summary In this fascinating case, Baker J had to consider whether it was in the best interests of a soldier, D, to travel to Serbia to receive stem cell treatment for… Read more »

CategoryBest interests - Medical treatment Date

Director of Legal Aid Casework et al v Briggs

Summary The Court of Appeal has overturned the decision of Charles J that he could, within the scope of MCA s.21A proceedings (and hence non-means-tested legal aid), consider whether life-sustaining treatment should… Read more »

CategoryBest interests - Medical treatment, Article 5 ECHR - Deprivation of liberty, Deputies - Financial and property affairs, Article 5 ECHR - DOLS authorisations Date

Public Guardian v Matrix Deputies Limited and London Borough of Enfield

Summary In this case the Public Guardian made applications in respect of the deputyships (some 44) of Matrix Deputies Limited (and 2 of its former employees). The Public Guardian sought… Read more »

CategoryCOP jurisdiction and powers - Costs, Deputies - Financial and property affairs Date

Djaba v West London MH Trust and others

Summary Since 2014, Mr Djaba had been accommodated in a “super seclusion suite” at Broadmoor under a restricted hospital order (Mental Health Act 1983 ss37/41). Built entirely for his confinement,… Read more »

CategoryArticle 8 ECHR - Contact, Article 5 ECHR - Deprivation of liberty, Mental Health Act 1983 - Interface with MCA Date

The Public Guardian’s Severance Applications

Summary In a series of cases noted on Bailli as The Public Guardian’s Severance Applications [2017] EWCOP 10, District Judge Eldergill made various rulings on applications made by the Public… Read more »

CategoryLasting Powers of Attorney - Revocation, Gifts - Gifts, - Severance Date

DM v Y City Council

Summary Mr DM was a 69 year old man who had a long history of alcoholism and a longstanding diagnosis of Korsakoff’s syndrome.  He neglected himself to a significant degree… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

Re IH (Observance of Muslim Practice)

Summary In this significant case, Cobb J had to decide two questions in relation to a 39 year old Muslim man with profound learning disabilities, namely whether it was in… Read more »

CategoryBest interests Date

NHS Foundation Trust v QZ

Summary This was an application by an NHS Foundation Trust for an order permitting a hysteroscopy and endometrial biopsy under general anaesthetic, with the objective of identifying the cause of… Read more »

CategoryBest interests - Medical treatment Date


Summary In this case Charles J heard an appeal lasting three days with an additional day for judgment against an order authorising the making of a statutory will.  On the… Read more »

CategoryStatutory wills Date


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