Mental Capacity Cases

Summary This 5-year long case concerned a 25-year-old woman (‘A’) who was being covertly medicated in a care home whose mother sought her return to which all other parties were opposed. The previous judgments were reported at [2019] EWCOP 68; [2020]... Read more  

Summary The Court of Protection has given a clear statement that there is an actual conflict of interest when a Trust Corporation acting as property and affairs deputy appoints an Asset Management company with the same corporate owner. To avoid brea... Read more  

Summary This very difficult case concerned a pregnant woman, detained under the Mental Health Act 1983, who was ambivalent about carrying her baby to term.  She had an extensive history of drug and alcohol abuse. This was her fifth pregnancy. She ha... Read more  

Summary Lieven J is proving herself the spiritual successor to Mostyn J as regards challenging Cheshire West. Readers with long-ish memories will recall that Mostyn J took on the Supreme Court decision in full-frontal fashion in Rochdale MBC v KW [2... Read more  

Summary This case concerned a 36 year old autistic woman, Laura Wareham, who strongly asserted her own capacity to make decisions about the conduct of the proceedings, and in respect of her (i) residence; (ii) care and support; and (iii) contact wit... Read more  

Summary Hayden J has returned to the question of what, exactly, the ‘decision’ in question is where the issue is whether a person with cognitive impairments in receipt of a damages award should be told the amount of that award.   Previous judges who... Read more  

Summary Practice Direction Practice Direction 9E supplements Part 9 of the Court of Protection Rules and deals with applications relating to statutory wills, codicils, settlements and other dealings with P's property.  Paragraph 9 of PD 9E provides... Read more  

This is the latest episode in the long running and highly contested proceedings concerning G, a 29-year-old woman, suffering from a profound, degenerative neurological condition.  The earlier judgments can be found at [2021] EWCOP 69) (judgment on 13... Read more  

Summary In this case, Poole J had to consider the capacity of woman to make decisions about: (1) the conduct of the proceedings; (2) residence; (3) care; (4) contact with others; (5) use of the internet and social media; (6) engagement in sexual rel... Read more  

Summary In this case, Poole J took the very unusual step of declining to recognise and enforce a foreign order under Schedule 3 to the MCA 2005.  It was particularly unusual because the order in question was not ‘foreign’ in a conventional sense, bu... Read more  

Summary Arbuthnot J considered an appeal brought on behalf of VT by her litigation friend, the Official Solicitor, against a decision by a Circuit Judge (‘the CJ’) sitting in the Court of Protection, to conclude proceedings. The background to this ... Read more  

Summary This case concerned the obstetric treatment of CP, a 30 year old woman with a diagnosis of schizophrenia who was detained pursuant to s.3 MHA 1983 The acute Trust sought declarations and orders allowing it to provide a planned caesarean sect... Read more