Mental Capacity Cases
City of Sunderland v MM & Others
Summary: This judgment is of some importance because, on the very specific facts of the case, HHJ Moir declared that the Article 8 rights of a person other than P had been breached by the denial of contact between P and a person with whom they enjoye...
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Article 8 ECHR - Contact
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Best interests - Contact
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Mental capacity - Assessing capacity
Re Hunt
Summary: Finally, and by way of coda to the decision in Haworth v Cartmel & Commissioners for HM Revenue & Customs [2011] EWHC 36 (Ch) reported in last month's edition, District Judge Ashton has kindly brought to our attention a decision of h...
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Mental capacity - Assessing capacity
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Mental capacity - Litigation
SM v Livewell Southwest CIC [2020] UKUT 191 (AAC)
Guidance from the Upper Tribunal on the approach to be taken where a patient lacks capacity to challenge their detention under the Mental Health Act 1983.
https://www.bailii.org/uk/cases/UKUT/AAC/2020/191.html Read more
Re X [2014] EWCOP 25 and 37
Guidance from the Upper Tribunal on the approach to be taken where a patient lacks capacity to challenge their detention under the Mental Health Act 1983.
https://www.bailii.org/ew/cases/EWCOP/2014/25.html Read more
Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2
This case established the test for capacity to use the internet and social media (acted pro bono).
https://www.bailii.org/ew/cases/EWCOP/2019/2.html Read more
Wakefield Metropolitan District Council & Anor v DN & Anor [2019] EWHC 2306 (Fam)
The limits of the inherent jurisdiction in cases involving the detention of those with capacity.
https://www.bailii.org/ew/cases/EWHC/Fam/2019/2306.html Read more
Re AA (Court of Protection: Capacity To Consent To Sexual Practices) [2020] EWCOP 66
This case concerned the approach of the Mental Capacity Act 2005 to a person engaged in autoerotic asphyxiation.
https://www.bailii.org/ew/cases/EWCOP/2020/66.html Read more