MM v A City Council

MM v A City Council


Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… Read more »

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A Local Authority v JB


Summary The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and has done so in… Read more »

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CA v A Local Authority & Anor


Summary In CA v A Local Authority & Anor [2021] EW Misc 26 (CC), HHJ Davies had to consider whether CA had capacity to make decisions in relation to her… Read more »

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C (Capacity to Access the Internet and Social Media)


Summary In a short judgment delivered in April 2020, but only appearing on Bailii in September 2021, HHJ Mark Rogers made two striking observations about capacity.   The first was specific… Read more »

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AMDC v AG & Anor


This decision serves as an important reminder of how demanding the process of assessing and reporting upon capacity is – or should be.   The case concerned a 68 year old woman,… Read more »

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King v The Wright Roofing Company Ltd


Summary  In this personal injury case, Kerr J had to decide whether the claimant had capacity to conduct the proceedings, and whether he had capacity to manage his property and… Read more »

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Re SB (Capacity Assessment)


Summary This case is the sequel to the decision [2020] EWCOP 32 that we reported previously, concerning a 30-year-old woman with moderate intellectual disability.   In May 2020, HHJ Richardson made… Read more »

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London Borough of Tower Hamlets v PB


Summary This decision deals with the thorny question of capacity in the context of alcohol dependence. The central issue was whether PB, a 52 year old man with a history… Read more »

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A Local Authority v RS


A Local Authority v RS [2020] EWCOP 29 concerned a man in his mid-20s with autism and mild learning disability. As a child he was exposed to domestic and alcohol… Read more »

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A Local Authority v AB and SB


In A Local Authority v AB and SB [2020] EWCOP 32, a 30-year-old woman with moderate intellectual disability spent most of the week living with her mother, AB, and the… Read more »

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