Mental Capacity Law Cases

Re DB; Re EC

Summary [1] This decision concerns the habitual residence of two people placed by Scottish authorities in hospital in England.  For a Scottish perspective on the judgment, see the article by… Read more »

CategoryOther, Statutory wills - Statutory wills Date

Mrs P v Rochdale Borough Council and others

Summary Mrs P’s deprivation of liberty was authorised in a nursing home. By the time of the final hearing in the MCA section 21A proceedings, place of residence was not… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Article 8 ECHR - Contact, Best interests - Contact, Best interests - P's wishes, Deputies - Financial and property affairs Date

Re A (A Child)

Summary This appeal arose following an application made by an NHS Trust to withdraw life-sustaining treatment, in particular, to remove respiratory support by a ventilator from a patient with the… Read more »

CategoryBest interests - Medical treatment Date

AG v BMBC & Anor

Summary In this case, District Judge Bellamy has given some rare, and useful, clarification as to the seriousness of the consideration that must be given to the use of covert… Read more »

CategoryMedical treatment - Deprivation of liberty, Statutory wills - Statutory wills Date

I v D (by his litigation friend the Official Solicitor)

Summary In this case, his last reported decision, Senior Judge Lush was dealing with an application to dispense with service of an application to make a statutory will on a… Read more »

CategoryPractice and procedure - Other Date

Re R

Summary In a judgment from a case heard prior to the decision in Re SRK but delivered afterwards (without referring to it) Senior Judge Lush has also weighed into the… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, State imputability, Statutory wills - Statutory wills Date

M v Press Association

Summary This decision of Hayden J follows his judgment in M v Mrs N [2015] EWCOP 76.  To recap, Mrs N was profoundly impaired both physically and cognitively in consequence… Read more »

CategoryMedia - Court reporting Date

IN v Ukraine

Summary Mr IN brought criminal proceedings for libel after his employment record noted that he had been dismissed for theft. Following his numerous complaints to the town prosecutor’s office for… Read more »

CategoryArticle 5 ECHR - Damages, Article 5 ECHR - Deprivation of liberty Date

AN v Lithuania

Summary In the most recent in a long string of cases considering “incapacitation” proceedings in Eastern European countries, the ECtHR has drawn together a number of important threads as regards… Read more »

CategoryECtHR Date

University College London Hospitals NHS Foundation Trust v Miss G

Summary Miss G was in a permanently vegetative state as a result of a heart attack that caused irreversible hypoxic brain injury. She was being kept alive by means of… Read more »

CategoryMedia - Court reporting Date


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