Cambridge University Hospitals NHS Foundation Trust v AH & Ors (Serious Medical Treatment)

Mental Capacity Law Cases

Cambridge University Hospitals NHS Foundation Trust v AH & Ors (Serious Medical Treatment)

Summary The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of medical treatment, including potentially agonising decisions in the context… Read more »

CategoryBest interests - Medical treatment, Best interests Date

SM v The Court of Protection and The London Borough of Enfield

Summary This was a judicial review of a decision of the Court of Protection. The application was brought by SM, mother of RM, against a decision on 12 March 2021… Read more »

CategoryCOP jurisdiction and powers, - Interface with civil proceedings Date

Liverpool City Council v CMW

Summary In this case, Sir Mark Hedley had to consider whether a woman, CMW, who had recently turned 18 had capacity to make certain decisions in seven specific areas: the… Read more »

CategoryMedical treatment, Medical Treatment - Assessing capacity Date

Re P (Discharge of Party: Costs of Appeal)

Summary In Re P (Discharge of Party: Costs of Appeal) [2021] EWCA Civ 992, the Court of Appeal was asked to consider an application for costs following the appellant’s successful… Read more »

CategoryCOP jurisdiction and powers - Costs, COP jurisdiction and powers Date

London Borough of Southwark v P, AA and South London and Maudsley NHS Foundation Trust

Summary The saga of Re P (Discharge of a Party) [2021] EWCA Civ 512, reported in previous issues, continued, following the Court of Appeal’s overturning the decision of Hayden J… Read more »

CategoryPractice and procedure - Other, COP jurisdiction and powers, Practice and procedure, - Interface with family proceedings Date

R (Morahan) v Her Majesty’s Assistant Coroner for West London

Summary Tanya Morahan was aged 34 when she died of cocaine and morphine toxicity. Over the preceding 10 years she experienced mental illness and was diagnosed with paranoid schizophrenia. On… Read more »

CategoryMental Health Act 1983 - Interface with MCA, Mental Health Act 1983, Other proceedings, Other proceedings - Civil Date

A Local Authority v P and A CCG

Summary[1] A 24-year-old with learning disability, autistic traits and mood disorder was sharing a flat with two residents and at significant risks arising from contact with others. Having been sexually… Read more »

CategoryMental capacity - Contact, Medical treatment - Deprivation of liberty, Medical treatment, Mental capacity Date


Summary What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person?    This question was posed before Senior Judge Hilder in… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Article 5 ECHR Date

Caamaño Valle v Spain

Summary In Caamaño Valle v Spain [2021] ECHR 387, the European Court of Human Rights hardened yet further its stance that those with cognitive impairments can be disenfranchised if they… Read more »

CategoryCRPD Date

University Hospital Birmingham NHS Foundation Trust v AI & K

Summary In this case, the Trust sought a declaration from Hayden J that it was lawful and in AI’s best interests to discontinue any further attempts to provide dialysis. AI… Read more »

CategoryMedical treatment - Treatment withdrawal, Medical treatment Date


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