Royal Bank Of Scotland Plc v AB

Mental Capacity Law Cases

Royal Bank Of Scotland Plc v AB

The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question.  On the one hand, we have the situation of rushing too quickly to question… Read more »

CategoryECtHR Date

Sherwood Forest Hospitals NHS Foundation Trust v C

Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has brought a further application in relation to the treatment for… Read more »

CategoryBest interests - Medical treatment Date


In these cases, three deputies brought applications concerning the extent to which the orders appointing them authorised expenditure of P’s estate in respect of getting legal advice and conducting proceedings… Read more »

CategoryDeputies - Financial and property affairs Date

Cardiff & Vale University Health Board v P

Hayden J has had to grapple with a further case in which delay in bringing a case to court has had serious consequences for the person. The case concerned a… Read more »

CategoryBest interests - Medical treatment Date

Re K (Forced Marriage: Passport Order)

This judgment is the first consideration by the Court of Appeal of Forced Marriage Protection Orders (FMPOs) made under s.63A Family Law Act 1996.  The issues that arose were whether… Read more »

CategoryFamily (public law) Date

R (Jalloh) v Secretary of State for the Home Department

In R (Jalloh) v Secretary of State for the Home Department [2020] UKSC 4, the main issue was whether the meaning of ‘imprisonment’ at common law should be aligned with… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date


In this case, Hayden J has come back to the extremely thorny question of what the court is meant to do where it is confronted with the position that the… Read more »

CategoryMental capacity - Medical treatment, Mental capacity, Mental capacity - Fluctuating capacity Date

Manchester University NHS Foundation Trust v Namiq (RRO)

This is the judgment made in relation to the application for a reporting restriction order (RRO) in the Midrar Nadiq case, noted in the Wider Context report. Lieven J had… Read more »

CategoryMedia - Court reporting, Media Date

Re A No.2 (Children: Findings of Fact)

Summary The Court of Appeal has given important guidance, applicable by analogy, as to the approach to take to fact-finding hearings. The case concerned a second fact-finding hearing into the… Read more »

CategoryFamily (private law) Date

Barts NHS Foundation Trust v Begum and Raqeeb, and Raqeeb (by her children’s guardian)

Summary[1] This is the costs decision in the case concerning the medical treatment and best interests of Tafida Raqeeb, a five year old girl (‘Tafida’). We reported on the substantive… Read more »

CategoryFamily (private law), Family (public law) Date


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