R(BL) v LB Islington

Mental Capacity Law Cases

R(BL) v LB Islington

Summary This case concerning litigation capacity in the judicial review context is not merely relevant to such cases but also poses interesting question for proceedings before the Court of Protection…. Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR, Other proceedings, Judicial Review Date

MM v A City Council

Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… Read more »

CategoryMental capacity - Assessing capacity, Best interests - Residence, Article 5 ECHR - Deprivation of liberty, Mental capacity - Residence, Article 5 ECHR, Best interests, Mental capacity Date

Re AH (Serious Medical Treatment)

Summary The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases. In AH, it was asked to overturn the… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

A Local Authority v JB

Summary The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and has done so in… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Sexual relations, Mental capacity Date

PH and RH v Brighton and Hove City Council & Oths

Summary On 23 November 2021, Senior Judge Hilder gave judgment on an application made by the BBC and Sky to disapply the reporting restrictions in proceedings relating to Tony Hickmott… Read more »

CategoryMedia - Court reporting, Article 8 ECHR - Media, Article 8 ECHR, Media Date

AB and XS (P, by her litigation friend the Official Solicitor)

Summary This case concerned XS – a 76 year old UK-Lebanese dual national – then resident  in Lebanon.  The applicant was her cousin AB, who wished XS to return to… Read more »

CategoryInherent jurisdiction Date

Re ZK (No.2)

Summary This case is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of capacity and the revisiting of best interests decisions.  … Read more »

CategoryBest interests - Contact, Best interests - Residence, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Mental capacity - Residence, Best interests, Medical treatment, Mental capacity Date

Hull City Council v A & Ors

Summary In this case, Poole J was concerned with – in effect – what was less bad: allowing a woman with dementia to remain at home in the care of… Read more »

CategoryBest interests - Contact, Best interests Date

North West London Clinical Commissioning Group v GU

Summary In this case Hayden J made a series of very powerful observations about the obligations imposed upon treating bodies to ensure proper consideration of whether continuing treatment is in… Read more »

CategoryBest interests - Medical treatment Date

North Middlesex University Hospital NHS Trust v SR

Summary What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’ jurisdiction?  This important question was before Katie Gollop QC,… Read more »

CategoryBest interests - Medical treatment, Best interests Date


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