B v A Local Authority

Mental Capacity Law Cases

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

R (Maguire) v Her Majesty’s Senior Coroner for Blackpool and Fylde


Summary This was a judicial review brought in respect of the decision of the coroner investigating the death of a 52 year old woman, Jacqueline (Jackie) Morgan that Article 2… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Other proceedings - Civil Date

A Health and Social Care Trust v X et al


Summary Mr X had died by the time of this judgment, but the decision is likely to affect hundreds of individuals in Northern Ireland in similar circumstances.  The case concerned… Read more »

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

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

Manchester University NHS Foundation Trust v DE


Summary This was an urgent out of hours telephone application made by the applicant Trust for an order enabling it to provide a blood transfusion to DE in the event… Read more »

CategoryBest interests - Medical treatment 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

A Clinical Commissioning Group v P (Withdrawal of CANH)


Summary In this case MacDonald J gave a detailed judgment to explain why he endorsed an agreed position that he would not consent on behalf of a woman to the… Read more »

CategoryBest interests - Medical treatment Date

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