WB v W District Council and the Equality and Human Rights Commission

Mental Capacity Law Cases

WB v W District Council and the Equality and Human Rights Commission

Summary WB is a woman who applied to the W Council under Part VII of the HA 1996 in 2013 for accommodation on the basis that she had a priority… Read more »

CategoryMental capacity - Tenancy agreements Date

NHS Windsor and Maidenhead Clinical Commissioning Group v SP (by her litigation friend, the Official Solicitor)

Summary[1] SP was 50 years old when she suffered a cardiac arrest in October 2014. She was admitted to hospital, treated with clinically assisted nutrition and hydration (CANH) and never… Read more »

CategoryMedical treatment - Treatment withdrawal Date

P v G

Summary This was a case that was decided in May 2017, but only appeared on Bailli in February 2018.  P was an elderly lady who had cognitive impairments after suffering… Read more »

CategoryBest interests - P's wishes Date

Re Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies

Summary In this case Senior Judge Hilder considered and gave guidance in relation to applications on behalf of trust corporations to become property and affairs deputies. The trust corporations in… Read more »

CategoryDeputies - Financial and property affairs Date

ET v JP and others

Summary In this case Morgan J had to consider the proper interpretation of section 1(3) Variation of Trusts Act 1958. The issue was whether the High Court could approve a… Read more »

CategoryMental capacity - Finance, - Interface with civil proceedings Date


Summary In this case Charles J ruled that the practice of making bulk orders for the approval of a deputy’s remuneration was wrong and that remuneration was a best interests… Read more »

CategoryBest interests - Property and affairs Date

M v ABM University Health Board

Summary With the Legal Aid Agency having taken more than a year to determine the patient’s funding application, this appeal finally reached the Upper Tribunal to consider the disclosure of… Read more »

CategoryMental Health Act 1983 - Interface with MCA Date

DB (as executor of the estate of OE) v SSWP and Birmingham CC

Summary   In DB (as executor of the estate of OE) v SSWP and Birmingham CC (SPC), Upper Tribunal Judge Mitchell took the opportunity to express some views on the… Read more »

CategoryMental capacity - Finance Date

R (VC) v Secretary of State for the Home Department

Summary The case concerned a Nigerian national (VC) in the UK who suffered from bipolar affective disorder with psychotic features. He was admitted to hospital on multiple occasions for treatment… Read more »

CategoryArticle 5 ECHR - Damages Date

Re A-F (Children)

Summary Sir James Munby P has pronounced upon two key issues in relation to deprivation of liberty and children: When is a child to be considered to be confined (i.e…. Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date


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