Cases


Cumbria NHS Clinical Commissioning Group v Miss S, Mrs D & Miss T


The case had been listed for a final hearing to determine the best interests of S. The family of S were keen to resolve the issues surrounding her consciousness. Victoria Butler-Cole… Read more »

Author Victoria Butler-Cole QC Date

The Queen (on the application of LF) v HM Senior Coroner for Inner South London & King’s College Hospital NHS Foundation Trust


The High Court has considered whether Article 5 is engaged in relation to incapacitated patients in hospital, and the relationship between deprivation of liberty and state detention under the Coroners… Read more »

Author Victoria Butler-Cole QC Date

R (on the application of W) v Croydon LBC


A case in which the court considered the lawfulness of a decision regarding the placement of the applicant was taken after a flawed consultation in circumstances where the local authority were entitled to terminate the applicant’s placement on the basis of cost. 

Author Katharine Scott Date

SB v A Local Authority October 2012 Court of Appeal


On the findings of fact made by a first instance Judge in a case concerning the rape of a child with a learning disability by her father

Author Katharine Scott Date

LLBC v (1) TG (2) JG (3) KR (Fam Div)


The task to be undertaken by the court at a without notice hearing involving vulnerable adults was to evaluate as best it could the degree of urgency, the risks of intervening by way of making an order and the risks of not intervening at that stage.

Author Katharine Scott Date

PH v A Local Authority, Z Ltd & R [2011] EWCH 1704 (Fam)


Test of capacity and approach to be taken to conflicting expert evidence

Author Katharine Scott Date

C v A Local Authority, LMP, LM, A PCT & An Organisation


A case in which the Court considered the application of the Code of Practice to the Mental Health Act 1983 to the seclusion of incapacitated teenagers in schools. 

Author Katharine Scott Date

WCGG v IA [2014] EWCOP 990


A case in which the Court considered whether P had the capacity to make a range of decisions for himself.

Author Katharine Scott Date

Bradbury & Ors v Paterson & Ors


Application raising novel point about what the Court should do when the Official Solicitor concludes that he can no longer continue to act as litigation friend for a protected party… Read more »

Date

DL-H v Devon Partnership NHS Trust


The Tribunal gave inadequate reasons for its decision not to discharge the patient; this decision was set aside and a re-hearing directed. In principle, and in this case, it would… Read more »

Author Victoria Butler-Cole QC Date

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