The Public Guardian v Andrew Riddle (Nos 1 and 2)

Mental Capacity Law Cases

The Public Guardian v Andrew Riddle (Nos 1 and 2)


Summary Senior Judge Hilder has considered at considerable (necessary) length the ability of a professional deputy who is not a solicitor to charge fees at the solicitors’ rate, as well… Read more »

CategoryDeputies - Financial and property affairs, Deputies Date

A Local Authority v AB


Summary There have been very few cases concerning the meaning of deprivation of liberty in the context of adults since the immediate flurry of post-Cheshire West activity and the decision… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR Date

Northamptonshire Healthcare NHS Foundation Trust v AB


Summary This case concerned a 28 year old woman, referred to as AB, who had suffered from anorexia nervosa since the age of 13.  At the time of the application… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Medical treatment, Best interests, Mental capacity Date

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 »

CategoryMental capacity - Assessing capacity, Mental capacity - Litigation, Mental capacity - Finance, Mental capacity, Other proceedings, Other proceedings - Civil Date

Great Ormond Street Hospital for Children NHS Foundation Trust v MX & Ors


In Great Ormond Street Hospital for Children NHS Foundation Trust v MX & Ors  [2020] EWHC 1958 (Fam), [1] a medical treatment case concerning a 9 year old child, Roberts… Read more »

Date

University Hospital Coventry and Warwickshire NHS Trust v K and Mrs W


In Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37, Hayden J had to consider the capacity of a young Palestinian man to make decisions about… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Medical treatment Date

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 »

CategoryOther proceedings, Mental Health Date

Cumbria County Council v A


In Cumbria County Council v A [2020] EWCOP 38, Hayden J considered the position in relation to the situation where a local authority wishes to cease being a property and… Read more »

CategoryDeputies - Financial and property affairs Date

London Borough of Tower Hamlets v PB


Summary This decision deals with the thorny question of capacity in the context of alcohol dependence. The central issue was whether PB, a 52 year old man with a history… Read more »

CategoryMental capacity - Assessing capacity Date

Hull University Teaching Hospitals NHS Trust v KD


The case of Hull University Teaching Hospitals NHS Trust v KD [2020] EWCOP 35 concerned a 57-year-old woman with paranoid schizophrenia who smoked around 60 cigarettes a day and whose… Read more »

CategoryBest interests - Medical treatment Date

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