Secretary of State for Justice v MM; Welsh Ministers v PJ

Mental Capacity Law Cases

Secretary of State for Justice v MM; Welsh Ministers v PJ


Summary This long-awaited decision considers the fall-out of Cheshire West in relation to conditional discharges (‘MM’) and community treatment orders (‘PJ’) under the Mental Health Act 1983. The appeals proceeded… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

AM-V v Finland


In A-MV v Finland, (Application no. 53251/13, decision of 23 March 2017), the European Court of Human Rights considered carefully but rejected a central tenet of the interpretation of Article… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction Date

N v ACCG


Summary[1] The Supreme Court has now pronounced definitively upon what the Court of Protection should do where is a dispute between the providers or funders of health or social services… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction Date

A Local Authority v D & Ors


Summary [1]  This case concerned C, a 15 year old man who had been made the subject of a care order in favour of the local authority. The local authority… Read more »

CategoryArticle 5 ECHR - Children and young persons Date

Abertawe Bro Morgannwg University LHB v RY and CP


Summary The central issue in this case was whether it remained in the best interests of a 81-year-old man, RY, to receive deep suctioning via a tracheostomy which the court… Read more »

CategoryMedical treatment - Treatment withdrawal Date

PI v West London Mental Health NHS Trust


Summary How should the First-tier Tribunal (Mental Health) react when, during the course of a tribunal hearing, it appears that the patient no longer has capacity to appoint or instruct… Read more »

CategoryMental capacity - Litigation Date

Kirk v Devon County Council


Summary This is the sequel to the decision on contempt that we reported in the December 2016 Newsletter. The Court of Appeal, you will recall, allowed Mrs Kirk’s appeal against… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Date

R (Ferreira) v HM Senior Coroner for Inner South London and others


Summary[1] Maria Ferreira died in an intensive care unit after she dislodged a tube with her mittened hand. An inquest was to be held but whether a jury was required… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

AP v Tameside MBC


Summary Those acting for the claimant sought declaratory relief and damages of between £100,000 and £150,000 for breaches of Articles 5 and 8 for a period of 30 months’ unlawful… Read more »

CategoryArticle 5 ECHR - Damages, Other proceedings - Civil Date

R(OK) v FTT and Cambian Fairview


Summary The Upper Tribunal has held with impeccable (some might say remorseless) logic that the principles set down by Lady Hale in R (H) v Secretary of State for Health… Read more »

CategoryOther proceedings, Judicial Review Date

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