Mental Capacity Cases

Summary  In this case, Hayden J was asked to consider whether an advance decision to refuse invasive tests or treatments (including life-sustaining treatments) was valid, not at a point when those tests or treatments were sought to be carried out, b... Read more  

Summary Following on from his earlier judgment ([2022] EWCOP 45), HHJ Burrows returned to this matter to consider AH’s best interests with respect to her residence and care.  AH was 46 years old and had a diagnosis of type 1 diabetes. HHJ Burrows s... Read more  

This application concerned SV, who was 20 years old and an Irish citizen. At [47], the judgment states that ‘[s]he has been diagnosed with anorexia nervosa and symptoms of bulimia nervosa, and as a result of these conditions, has been admitted to hos... Read more  

Summary MF was 40 years old and had diagnoses of a moderate learning disability and schizoaffective disorder. He lived with his mother, GF. MF’s sister, VM, and her partner, Dr A, were also involved in proceedings. The local authority made an applic... Read more  

Summary  In DY v A City Council & An NHS Trust [2022] EWCOP 51, Judd J has tackled head on the perennially difficult question of whether and how DoLS can provide for public protection. The case concerned DY, a young man in his 20s, who had previ... Read more  

Summary  SM was 16 years old and a looked-after child under s.20 Children Act 1989. She resided in a supported living accommodation, and received regular care and support. She did not have a consistent relationship with her parents. She had a histor... Read more  

By this application, the Court of Protection (Senior Judge Hilder) was asked to grant authority for the settlement of an inheritance P had been left in a will of a relative absolutely on terms that instead of being held by P absolutely, it should be ... Read more  

Summary This judgment related to a matter heard on an urgent basis on 3 November, with a full judgment reported on 16 November. It related to X, a 22-year-old university student, who had been fit and healthy before tragically suffering a catastrophi... Read more  

Three judgements were reported on 11 November 2022 concerning a long-running case regarding Srichand Hinduja, the well-known and extremely successful businessman. The Court of Appeal considered a challenge to a decision in the Court of Protection to ... Read more  

We briefly mention the personal injury case of O'Brien v Guy's & St Thomas' NHS Trust [2022] EWHC 2735 (KB) for its consideration of the correlation between negligence and acting contrary to national and/or in-house clinical guidelines. The centr... Read more  

Summary The Court of Appeal has again rejected attempts to expand the reach of Rabone and arguments that Article 2 ECHR was engaged in the death of a voluntary mental health patient who died while on leave, not by suicide, but by an involuntary over... Read more  

E was an autistic 17-year-old with additional diagnoses of ADHD and learning difficulties. He had previously been accommodated by the local authority with the consent of his parents, due to his challenging behaviour, and was later made the subject of... Read more