Summary This interesting decision from last year which recently appeared on Bailii is the first reported decision where consideration has been given to questions of capacity in the context of… Read more »

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RB Greenwich v CDM

Summary This case concerned a 63 year old woman with a diagnosis of personality disorder and poorly controlled diabetes.[1]            While there was a dispute between the applicant local authority and… Read more »

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Shakulina & Ors v Russia

Summary This case concerned six Russians who had been deprived of their capacity; four complained of serious irregularities in the court proceedings whereby they had been deprived of their legal… Read more »

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Re S (Child as parent: Adoption: Consent)

Summary We briefly mention this decision because it is the first time MCA-concepts and language have been expressly endorsed and adopted when assessing the Gillick competence. In short, S was… Read more »

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LB Southwark v KA (Capacity to Marry)

Summary In the London Borough of Southwark v KA & Ors [2016] EWCOP 20 , Parker J had to grapple – again – with the question of whether a young… Read more »

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WBC v Z and others

Summary This case concerned a 20 year old woman with Aspergers syndrome and an IQ in the range 70-75. In June 2014 the local authority where Z lived issued proceedings… Read more »

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Kings College NHS Foundation Trust v C and V

Kings College NHS Foundation Trust v C and V [2015] EWCOP 59 (MacDonald J) Mental capacity – assessing capacity – medical treatment Summary [Editorial note: this case has attracted much… Read more »

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This case, brought to our attention by Terence Seah of Virtus Law and David Lock QC of Landmark Chambers, sheds very interesting light upon the vexed question of the interaction… Read more »

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Ivinovic v Croatia

Summary These proceedings concerned the removal of legal capacity from an adult who suffered from cerebral palsy and who, it was thought, had begun to make irrational decisions about her… Read more »

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LBX v K, L, M

Summary: These long-running proceedings began nearly six years ago, the previous judgments being [2010] EWHC 2422, [2011] EWHC 2419, [2012] EWCA Civ 79, [2012] EWHC 439. L was born in… Read more »

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