Mental Capacity Cases

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... Read more  

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... Read more  

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  

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  

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  

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  

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