PBU and NJE v Mental Health Tribunal

Mental Capacity Law Cases

PBU and NJE v Mental Health Tribunal


Summary This significant judgment of the Supreme Court of Victoria, Australia, concerned two patients for whom electro-convulsive therapy (‘ECT’) was proposed. PBU did not agree that he had schizophrenia but… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Medical treatment, CRPD Date

RAO v ROO


Summary In this unusual case, a husband sought orders in relation to medical treatment in relation to his wife, ROO, who was on palliative care in hospital.  She had suffered… Read more »

CategoryBest interests - Medical treatment Date

Manchester City Council v LC & Anor


Summary[1] This case, concerning the sexual relationships of LC, a young woman with autism and a learning disability, received considerable public attention shortly before this judgment was handed down, a… Read more »

CategoryBest interests - Contact, Mental capacity - Sexual relations Date

Mr & Mrs Z v Kent County Council


Summary This case concerned a wide range of issues in the context of family proceedings which had gone badly wrong, of which for present purposes the most relevant is the issue… Read more »

CategoryMental capacity - Litigation, Family (public law) Date

Griffiths v Chief Constable of Suffolk


Summary Ouseley J has examined whether a claim in negligence following a murder committed by an individual whom a mental health trust failed to detain under the MHA could succeed…. Read more »

CategoryOther proceedings - Civil Date

UCLH NHS Trust v KG


Summary and comment[1] In this case, Cohen J had to decide whether to give authority to administer an entirely novel treatment to a middle-aged man suffering from sporadic CJD.  All… Read more »

CategoryBest interests - Medical treatment Date

The Public Guardian v DA and others


In this case Baker LJ considered a number of different issues that arise seemingly frequently concerning the registration of lasting powers of attorney. Of general interest are those that concern… Read more »

CategoryCreation of lasting powers of attorney Date

Re T (A Child)


The issue in this appeal was whether a lack of valid consent was a pre-requisite to the exercise of the inherent jurisdiction authorising the restriction of the liberty of a… Read more »

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

London Borough of Enfield v Matrix Deputies Limited, DW, OM and the Public Guardian


Summary Senior Judge Hilder in this case decided various further issues arising from the discharge of a large number of deputyships held by Matrix Deputies Limited and its former employees… Read more »

CategoryDeputies - Financial and property affairs Date

LB Hounslow v A Father and A Mother


Summary The sound of toys leaving the judicial pram at high speed can be heard when reading the judgment in this decision on costs from DJ Eldergill, arising out of… Read more »

CategoryCOP jurisdiction and powers - Costs Date

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