Mental Capacity Law Cases

The Public Guardian v TW, KW, HF and SC

Summary In this case the Senior Judge was dealing with an application for the revocation of an LPA and the appointment of a deputy. The evidence about P’s capacity to… Read more »

CategoryLasting Powers of Attorney - Revocation Date

LB Southwark v KA (Capacity to Marry)

Summary In the London Borough of Southwark v KA & Ors [2016] EWCOP 20 , Parker J had to grapple – again – with the question of whether a young… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Marriage, Mental capacity - Sexual relations Date

Re JM, AMY, JG, MM and VE

Summary It has been over two years since the Supreme Court handed down its decision in Cheshire West. In a further round of test cases, following Re X [2015] EWCA… Read more »


Re: VE

Summary In this case, a friend of VE’s was appointed as her Rule 3A representative. However, it became apparent during the course of the hearing that local authorities had experience… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

R (on the application of Faulkner) v Director of Legal Aid Casework

Summary We briefly mention this case as it relates, by analogy, to a growing concern in the Court of Protection about the difficulties in securing damages for breaches of P’s… Read more »

CategoryArticle 5 ECHR - Damages Date

NHS Trusts v C

Summary C was detained under s.2 of the Mental Health Act 1983 with bipolar affective disorder. She was in the late stages of pregnancy and suffering from a severe manic… Read more »

CategoryBest interests - Medical treatment, Litigation friend - Official Solicitor Date

Betsi Cadwaladr University Local Health Board v Miss W

Summary The potential tragedy in this case is summed up in its final paragraph: I know that W understandably considers that she has in some way failed. I certainly do… Read more »

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


Summary This was P’s appeal against part of the order of Senior Judge Lush [2015] EWCOP 22 (see our earlier report here). In this case P was the victim of… Read more »

CategoryDeputies - Financial and property affairs Date

An NHS Trust v CS (Termination of Pregnancy)

Summary A Hospital Trust made an application to the Court of Protection in respect of CS who was said to lack capacity, seeking an order that it would be in… Read more »

CategoryBest interests - Medical treatment, Best interests - P's wishes Date

Birmingham City Council v D and W

Summary[1] This is the sequel to Trust A v X and A Local Authority [2015] EWHC 922 (Fam), summarised here. In the first instalment, a 15-year-old boy – who had… Read more »

CategoryArticle 5 ECHR - Children and young persons, Article 5 ECHR - Deprivation of liberty, Article 8 ECHR - Residence Date


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