A NHS Foundation Trust v An Expectant Mother

A NHS Foundation Trust v An Expectant Mother

Summary This case, which has attracted considerable discussion, concerned an expectant woman, aged 21 with what was described as severe agoraphobia.  She had only left her house on a handful… Read more »

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Summary When and how does the concept of fluctuating capacity apply in the context of sexual relations?   This was the question confronting Knowles J in this case.   DY had just… Read more »

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A Mental Health Trust v ER and An NHS Foundation Trust

Summary In this case, Lieven J considered the capacity and best interests of ER, a 49-year-old woman with a diagnosis of anorexia. ER’s personal history with eating disorders had been… Read more »

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HD (Capacity to Engage in Sexual Relations)

In HD Cobb J has grappled with the impact of the Court of Appeal’s decision in Re JB [2020] EWCA Civ 735, in which the Court of Appeal had made clear that the… Read more »

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A Local Authority v TA & Ors

Summary The contours of this difficult case were sketched out economically in the opening paragraphs of the judgment: This case concerns the health, welfare, and care of GA, an 87-year-old… Read more »

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A Local Authority v M, F, A and B

These family proceedings considered whether two young children should be placed in long-term foster care or for adoption. But we cover it because useful lessons were identified which can be… Read more »

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Summary In this case Mostyn J considered – and refused – an application for a declaration under the inherent jurisdiction that NB’s Pakistani marriage to her husband MI was not… Read more »

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AMDC v AG and CI (No. 2)

Summary These proceedings involve the development of a relationship between two care home residents. In light of the interim judgment, which we covered at [2020] EWCOP 58, the matter was… Read more »

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Griffith v P (By Her Litigation Friend the Official Solicitor)

The Court of Appeal has had little hesitation dismissing ([2020] EWCA Civ 1675) the appeal by Dahlia Griffith against her conviction and sentence of imprisonment for contempt, on which we reported… 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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