OH v Craven

Mental Capacity Law Cases

OH v Craven

Summary This case is obligatory reading for anyone involved in a case where it is envisaged that there will be a personal injury exceeding £1m. It involved one case where… Read more »

CategoryOther proceedings - Civil Date

Devon CC v Kirk

Summary In September 2014 Devon County Council commenced proceedings in the CoP under the MCA 2005 with respect to MM, a man in his eighties who, it is agreed, suffers… Read more »

CategoryCOP jurisdiction and powers - Contempt of Court Date

Fehily & Fehily v Atkinson & Mummery

Summary This was an appeal against a district judge’s refusal to annul a bankruptcy order. The grounds of appeal centered on whether the appellant had the mental capacity to enter… Read more »

CategoryOther proceedings Date

Briggs v Briggs

Summary   In this case, Charles J had to decide whether it was possible for the question of whether it is a person’s best interests to continue to be given… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

Abertawe Bro Morgannwg University LHB v RY and CP

Summary In this case, Hayden J returned to a theme that has been exercising him increasingly. As he noted during exchanges with Counsel for a family member in an application… Read more »

CategoryBest interests - Medical treatment Date

A Local Authority v X (2)

Summary In the sequel to the case that we reported in our last Newsletter, concerning whether the Court of Protection should embark upon a full capacity determination in respect of… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction Date

Re W (A child)

Summary The central issue in this appeal, of relevance by analogy to proceedings before the Court of Protection was this: Can a witness in Family proceedings, who is the subject… Read more »

CategoryCOP jurisdiction and powers - Experts Date

Tinsley v Manchester City Council and others

Summary In this case P had received a large personal injury award in 2005 as a result of a serious brain injury. He had been compulsorily detained under the Mental… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction, Best interests - Property and affairs Date


Summary This is the first post-MCA case to consider the issue of capacity to revoke a lasting power of attorney (‘LPA’).[1] SED decided with capacity to appoint her daughters, SAD… Read more »

CategoryLasting Powers of Attorney - Revocation Date

Watt v ABC

Summary In this case Charles J was considering the issue of whether P’s funds from a personal injury award of £1.5 million should be administered through a deputyship or a… Read more »

CategoryStatutory wills, Best interests - Property and affairs Date


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