Re NB (Consent to Sex)

Mental Capacity Law Cases

Re NB (Consent to Sex)


The judgment in Re NB [2019] EWCOP 17 concerns a hearing on 7 May 2019 at which Hayden J considered the position of a married couple where doubts had been… Read more »

CategoryMental capacity - Sexual relations Date

University Hospitals of Derby And Burton NHS Foundation Trust v J (Medical Treatment: Best Interests)


Summary This case concerned the question of whether it was in the best interests of a woman, identified as ‘Anne,’ to undergo a hysterectomy and bilateral salpingo-oophorectomy and a colonoscopy,… Read more »

CategoryBest interests - Medical treatment Date

Harrow Clinical Commissioning Group v IPJ & Ors


In Harrow Clinical Commissioning Group v IPJ & Ors [2018] EWCOP 44, SJ Hilder considered a classic situation of “only one option” in relation to a young man of 24,… Read more »

CategoryBest interests - Residence, Care Date

TB v KB and LH (Capacity to Conduct Proceedings)


Summary In this case Macdonald J had cause to consider the phenomenon of executive dysfunction in the context of the question of capacity to conduct proceedings both before the Court… Read more »

CategoryMental capacity - Litigation Date

FT v MM and RM


In this case, Russell J highlighted a real – and problematic – difference between the ability of the English courts to protect adults abroad and children.  In 2016 a child… Read more »

CategoryOther Date

OPG v PGO, MAB, MJD


Summary P had executed 2 LPAs, one welfare, one property and affairs, but the signature of P was witnessed by one of the proposed attorneys. The LPA was registered but… Read more »

CategoryLasting Powers of Attorney - Revocation Date

NKR & Usha Sood v The Thomson Snell and Passmore Trust Corporation Limited


Summary In this case P was a child with cerebral palsy with the consequence that he it was unlikely he would have capacity to manage his property and affairs when… Read more »

CategoryDeputies - Financial and property affairs Date

Hounslow CCG v RW


Summary[1] In the sequel to the case of Re RW Hayden J had to consider what arrangements should be made for RW, a 78 year old with vascular dementia, many… Read more »

CategoryBest interests - Medical treatment Date

East Lancashire Hospitals NHS Trust v PW


Summary The decision in this case is of real importance for its reminder of the obligations on treating hospitals where an application may need to be made in relation to… Read more »

CategoryBest interests - Medical treatment Date

DCC v NLH


In this case Baker J (as he then was, although the judgment was given after he had become a Court of Appeal judge) considered an application for an order permitting… Read more »

CategoryBest interests - Medical treatment Date

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