A NHS Trust v X

A NHS Trust v X

Summary[1] This case is about whether X, a young woman declared to be Gillick competent and “mature and wise beyond her years”, should be afforded the exclusive right to decide… Read more »

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Re JB (Costs)

In this case, the Court of Protection had been asked to take aggressive steps in terms of service provision.   In Re JB, the local authority applicant in question had gone… Read more »

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FS v RS and JS

As Sir James Munby noted at the outset of his judgment in FS v RS and JS [2020] EWFC 63: “[t]his is a most unusual case. Indeed, so far as… Read more »

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Re ND (Court of Protection: Costs and Declarations)

Summary In this case, the Court of Protection has alighted upon procedural failings by a local authority to ground the making of declarations as to failures of that authority to… Read more »

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King v The Wright Roofing Company Ltd

Summary  In this personal injury case, Kerr J had to decide whether the claimant had capacity to conduct the proceedings, and whether he had capacity to manage his property and… Read more »

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MC v Cygnet Behavioural Health Ltd and SSJ

Summary UTJ Jacobs has confirmed that the decision of the Supreme Court in MM [2018] UKSC 60 does not serve as a bar to the Mental Health Tribunal “coordinating” the discharge of a… Read more »

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SM v Livewell Southwest CIC

Summary[1] In an unusual split decision in the Upper Tribunal (Administrative Appeals Chamber), the question of the capacity that a patient requires to bring an application to the Mental Health… Read more »

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R (EG) v Parole Board & Ors

Summary[1] A prisoner, EG, had learning difficulties which prevented him from instructing a (legal) representative to act for him in the review the Parole Board was conducting of the necessity… Read more »

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In this case, Mostyn J was confronted by what to do where it appeared that one of the parties to proceedings between parents concerning a child lacked capacity to conduct… Read more »

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Royal Bank Of Scotland Plc v AB

The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question.  On the one hand, we have the situation of rushing too quickly to question… Read more »

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