AB and XS (P, by her litigation friend the Official Solicitor)

Mental Capacity Law Cases

AB and XS (P, by her litigation friend the Official Solicitor)


Summary This case concerned XS – a 76 year old UK-Lebanese dual national – then resident  in Lebanon.  The applicant was her cousin AB, who wished XS to return to… Read more »

CategoryInherent jurisdiction Date

Hull City Council v A & Ors


Summary In this case, Poole J was concerned with – in effect – what was less bad: allowing a woman with dementia to remain at home in the care of… Read more »

CategoryBest interests - Contact, Best interests Date

North West London Clinical Commissioning Group v GU


Summary In this case Hayden J made a series of very powerful observations about the obligations imposed upon treating bodies to ensure proper consideration of whether continuing treatment is in… Read more »

CategoryBest interests - Medical treatment Date

North Middlesex University Hospital NHS Trust v SR


Summary What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’ jurisdiction?  This important question was before Katie Gollop QC,… Read more »

CategoryBest interests - Medical treatment, Best interests Date

Cumbria, Northumberland Tyne & Wear NHS Foundation Trust & Anor v EG


Summary[1] When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their liberty in the community?   In 2018, the Supreme Court… Read more »

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

Re W (A Child)


Summary This case, in public law proceedings concerning a disabled 12 year old boy, is nevertheless of interest to Court of Protection practitioners as it concerns the familiar situation in… Read more »

CategoryOther proceedings, Family (public law) Date

Secretary of State for Justice v A Local Authority & Ors


The Court of Appeal has overturned the decision of Hayden J that care workers would not commit a criminal offence under s.39 Sexual Offences Act 2003 were they to make… Read more »

CategoryCOP jurisdiction and powers, - Interface with civil proceedings Date

Re BU


Summary How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim of coercive control cannot countenance an existence where the… Read more »

CategoryBest interests - Contact, Best interests Date

Nottinghamshire County Council v LH, PT and LT; Nottinghamshire v LH, PT and LT (No. 2)


Summary In these two judgments, decided five days apart, Poole J considered the authorisation of the deprivation of a deprivation of liberty of a 12-year-old girl, LT, in an acute… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 5 ECHR Date

Re PW (Jehovah’s Witness: Validity of Advance Decision)


Summary[1] The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment delivered by Poole J in difficult and urgent circumstances,… Read more »

CategoryMedical treatment - Deprivation of liberty, Medical treatment Date

Keywords


Sign up to our Mental Capacity Law Newsletter


If you would like to subscribe to our newsletters please click the link below.

Subscribe

Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email