Welsh Ministers v PJ

Mental Capacity Law Cases

Welsh Ministers v PJ

Summary The Supreme Court has reversed the curious and controversial decision in PJ, in which the Court of Appeal had held that the MHA contained within it by necessary implication… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Mental Health Date


Summary[1] In this personal injury case, Foskett J had to grapple with a question that has apparently never been considered (or, more likely, never been the subject of a reported… Read more »

CategoryDeputies - Financial and property affairs, - Interface with civil proceedings Date

Kurtz v R

Summary A solicitor specialising in mental capacity was charged with the offence of wilfully neglecting her mother in respect of whom she was the donee of an enduring power of… Read more »

CategoryCriminal offences - Ill treatment / wilful neglect Date

Secretary of State for Justice v MM

Summary The Supreme Court (Lord Hughes dissenting) has upheld the ruling of the Court of Appeal that neither the Secretary of the State nor the Mental Health Tribunal has the… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

PBU and NJE v Mental Health Tribunal

Summary This significant judgment of the Supreme Court of Victoria, Australia, concerned two patients for whom electro-convulsive therapy (‘ECT’) was proposed. PBU did not agree that he had schizophrenia but… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Medical treatment, CRPD Date


Summary In this unusual case, a husband sought orders in relation to medical treatment in relation to his wife, ROO, who was on palliative care in hospital.  She had suffered… Read more »

CategoryBest interests - Medical treatment Date

Manchester City Council v LC & Anor

Summary[1] This case, concerning the sexual relationships of LC, a young woman with autism and a learning disability, received considerable public attention shortly before this judgment was handed down, a… Read more »

CategoryBest interests - Contact, Mental capacity - Sexual relations Date

Mr & Mrs Z v Kent County Council

Summary This case concerned a wide range of issues in the context of family proceedings which had gone badly wrong, of which for present purposes the most relevant is the issue… Read more »

CategoryMental capacity - Litigation, Family (public law) Date

Griffiths v Chief Constable of Suffolk

Summary Ouseley J has examined whether a claim in negligence following a murder committed by an individual whom a mental health trust failed to detain under the MHA could succeed…. Read more »

CategoryOther proceedings - Civil Date


Summary and comment[1] In this case, Cohen J had to decide whether to give authority to administer an entirely novel treatment to a middle-aged man suffering from sporadic CJD.  All… Read more »

CategoryBest interests - Medical treatment Date


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