NG v Hertfordshire County Council & Ors

Mental Capacity Law Cases

NG v Hertfordshire County Council & Ors


The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been added to in this important decision by Lieven J, concerning… Read more »

CategoryBest interests - Contact, Best interests Date

Z v University Hospitals Plymouth NHS Trust & Ors


  On 6 November 2020, a middle-aged man referred to as RS suffered a heart attack and was without oxygen for at least 45 minutes.  He was taken to hospital… Read more »

CategoryBest interests - Medical treatment, Best interests Date

A County Council v KK & Oths


Summary In this case, Lieven J considered whether a “community DoL” order that had been in place in respect of an 18 year old woman (“JK”) since January 2020 should… Read more »

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

KK v Leeds City Council


In this case, Cobb J had to consider whether P’s maternal aunt should be joined to welfare proceedings.  The aunt, KK, had been P’s main carer for almost all of… Read more »

CategoryCOP jurisdiction and powers Date

Griffith v P (By Her Litigation Friend the Official Solicitor)


The Court of Appeal has had little hesitation dismissing ([2020] EWCA Civ 1675) the appeal by Dahlia Griffith against her conviction and sentence of imprisonment for contempt, on which we reported… Read more »

CategoryMental capacity - Sexual relations, COP jurisdiction and powers - Contempt of Court, COP jurisdiction and powers, Mental capacity Date

A London NHS Trust v KB and A London Local Authority


The Court was asked to determine whether a Caesarean section was in the best interests of KB who suffered a hypoxic brain injury at birth which left her with microcephaly,… Read more »

CategoryBest interests - Medical treatment, Medical treatment - Deprivation of liberty, Best interests, Medical treatment Date

Re CVF


In this case, Lieven J was concerned with the capacity and best interests of a 29 year old woman, CVF, with diagnoses of diabetes, learning disability, emotionally unstable personality disorder,… Read more »

CategoryDeputies - Welfare matters, Deputies Date

AMDC v AG & Anor


This decision serves as an important reminder of how demanding the process of assessing and reporting upon capacity is – or should be.   The case concerned a 68 year old woman,… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity Date

Re Z (A Child: Deprivation of Liberty: Transition Plan)


In Re Z (A Child: Deprivation of Liberty: Transition Plan) [2020] EWHC 3038 (Fam), Knowles J considered the situation of a 14 year old boy with autism and PDA traits… Read more »

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

Livewell Southwest Community Interest Company v MD


Livewell Southwest Community Interest Company v MD [2020] EWCOP 57 is another case on full-dental clearance following very shortly after the United Lincolnshire Hospitals NHS Trust v Q [2020] EWCOP… Read more »

CategoryBest interests - Medical treatment, Best interests Date

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