Mental Capacity Law Cases

Poole v Everall

Summary In this case the court had to consider 2 wills, one made in February 2012 and the other made in December 2012. The testator had suffered serious brain injury… Read more »

CategoryTestamentary capacity Date


Summary KD was an 80-year-old lady with a long history of schizophrenia, slowly progressive dementia and a Parkinsonian syndrome. Previously detained under s.3 MHA 1983, she was now deprived of… Read more »

CategoryArticle 5 ECHR - DOLS Ineligibility Date

In the matter of Re F (a minor)

Summary  This is an unusual case in which a high court judge was asked to make findings on the probity and reliability of a Consultant Clinical Psychologist (Dr Ben Harper)… Read more »

CategoryPractice and procedure - Other Date

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

Al-Jeffery v Al-Jeffery

Summary In this case, Holman J confirmed for the first time that the High Court can exercise its inherent protective jurisdiction over a vulnerable British adult on the basis of… Read more »

CategoryFamily (public law), Statutory wills Date

The Friendly Trust’s Bulk Application

Summary In this case the District Judge had to consider a “bulk application” for approval (retrospective and prospective) of its charges for deputyship functions. The long and impressively detailed judgment… Read more »

CategoryDeputies - Financial and property affairs 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


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