Bashir v Bashir

Mental Capacity Law Cases

Bashir v Bashir


Summary It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir, Master Clark did so in the context of a complicated… Read more »

CategoryDeputies - Financial and property affairs Date

Birmingham CC v SR; Lancashire CC v JTA


Summary Two local authorities made streamlined Re X applications on COPDOL11 forms to authorise the deprivation of liberty of two individuals who were either about to be (SR), or had… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Article 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

LB Tower Hamlets v NB & AU


Summary Hayden J has made further observations about the test for capacity to consent to sexual relations.  We use the term “observations” advisedly, because his judgment does not, in fact,… Read more »

CategoryMental capacity - Sexual relations Date

Re AB (Termination of Pregnancy)


Summary[1] The question arose for determination whether it was in the best interests of a young woman with moderate learning disabilities to undergo a termination.  Matters proceeded at speed in… Read more »

CategoryBest interests - Medical treatment, Best interests, Childbirth Date

United Lincolnshire Hospital NHS Trust v CD


Summary[1] Francis J has grappled with a subject that has been perennially difficult for practitioners: what to do where a person currently has capacity to make a relevant decision but… Read more »

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

Re Lawson, Mottram and Hopton (appointment of personal welfare deputies)


Summary[1] The Vice-President of the Court of Protection, Hayden J, has outlined a set of principles to govern the appointment of personal welfare deputies. In Re Lawson, Mottram and Hopton… Read more »

CategoryDeputies - Welfare matters Date

NHS Trust v JP


Summary[1] In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general anaesthetic) of a Caesarean section on a young woman,… Read more »

CategoryBest interests - Medical treatment, Birth arrangements Date

BP v LB Harrow


Summary[1] This was a s.21A MCA 2005 application made on behalf of “P” who objected to being in a care home. He wanted to return to the family home, where… Read more »

CategoryCOP jurisdiction and powers - Costs Date

B v A Local Authority


Summary The Court of Appeal has made both general and specific observations about the assessment of mental capacity in determining the appeal/cross-appeal against the decision of Cobb J in Re… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Sexual relations, Mental capacity - Residence, Social Media Date

A City Council v LS, RE and KS (A Child)


Summary The issue in this case was whether the High Court had power under its inherent jurisdiction to authorise the deprivation of liberty of a 17-year-old who was at grave… Read more »

CategoryArticle 5 ECHR - Children and young persons, COP jurisdiction and powers - Interface with inherent jurisdiction Date

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