Abertawe Bro Morgannwg University LHB v RY and CP

Mental Capacity Law Cases

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

SSJ v Staffordshire CC & Ors

Summary The Court of Appeal has dismissed the Secretary of State’s appeal against the decision of Charles J in Re SRK [2016] EWCOP 27.   By way of refresher, Charles J… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

GD and BD (children by their children’s guardian), MD and FD v Wakefield Metropolitan District Council and West Yorkshire Police

Short note This case concerned a claim for damages and declarations under the Human Rights Act 1998. The claimants were two children and their mother. Following a 7 day hearing… Read more »


MR v (1) SR (by her litigation friend the OS) (2) Bury Clinical Commissioning Group

Summary This is a short judgment from Hayden J on the issue of costs arising from Re N [2015] EWCOP 76 (a medical treatment case to decide whether it was… Read more »

CategoryCOP jurisdiction and powers - Costs Date

Re CA (Natural Delivery or Caesarean Section)

Summary This case concerned a 24 year old woman, CA, with a diagnosis of autism and a mild learning disability who, it was thought, had undergone some form of female… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Contact Date


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