Mental Capacity Cases
PSG Trust Corporation Ltd v CK & Anor
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...
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Deputies - Financial and property affairs
PSG Trust Corporation Ltd v CK & Anor
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...
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Statutory wills - Statutory wills
Re CLF (Capacity: Sexual Relations and Contraception)
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...
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Best interests - Medical treatment
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Care
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Mental capacity - Sexual relations
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Re EE (Capacity: Contraception and Conception)
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...
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Best interests - Medical treatment
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Mental capacity - Sexual relations
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Recognition and enforcement
GUP v EUP & Anor
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 ...
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Other
A Hospital Trust v CP
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...
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Best interests - Medical treatment
GUP v EUP & Anor
Summary
In GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke. In the period following November 2023, Hayden J identified that there had been...
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Mental capacity - Assessing capacity
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Practice and procedure - Other
Local Authority A v ZZ
Summary
This matter [1] related to a man HHJ Burrows named ‘Peter’, who was 19 years old at the time of the judgment. Peter had had what is described as a “troubled and abused life and he presents as a significant risk to children and vulnerable adu...
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Mental capacity - Assessing capacity
The NHS Foundation Trust v KL
Summary
This case concerned the treatment for leukaemia of a patient detained under the Mental Health Act 1983.
Procedurally, there was a delay in bringing proceedings as a result of a dispute between the Trust responsible for the hospital where K ...
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Best interests - Medical treatment
J v Luton Borough Council and Others
Summary
This matter related to an appeal from orders made by Roberts J in July 2023, in which she was considering parallel proceedings in the Court of Protection and Family Division. The Court of Protection application related to J, described as bei...
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Best interests
The NHS Foundation Trust v KL
Summary
In this case, HHJ Burrows addressed two questions in relating to ‘community DoL’ applications that have bubbled away for some time. As he noted at paragraph 2:
The first is whether, in order to satisfy the requirement under Article 5§1(e),...
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Article 5 ECHR - Deprivation of liberty
The NHS Foundation Trust v K
Summary
In this case Judd J had to consider an application for declarations with respect for K, a young person who was currently an inpatient in intensive care, with a progressive condition and whose treating doctors considered to be reaching the en...
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Best interests - Medical treatment