Re A No.2 (Children: Findings of Fact)

Mental Capacity Law Cases

Re A No.2 (Children: Findings of Fact)


Summary The Court of Appeal has given important guidance, applicable by analogy, as to the approach to take to fact-finding hearings. The case concerned a second fact-finding hearing into the… Read more »

CategoryFamily (private law) Date

Barts NHS Foundation Trust v Begum and Raqeeb, and Raqeeb (by her children’s guardian)


Summary[1] This is the costs decision in the case concerning the medical treatment and best interests of Tafida Raqeeb, a five year old girl (‘Tafida’). We reported on the substantive… Read more »

CategoryFamily (private law), Family (public law) Date

Barts NHS Foundation Trust v Begum and Raqeeb, and Raqeeb (by her children’s guardian)


Summary This case concerned an application by the NHS Trust to terminate the appointment of Tafida Raqeeb’s litigation friend days before the final hearing of the judicial review proceedings ([2019]… Read more »

CategoryFamily (public law), Judicial Review Date

A Local Authority v B’s father et al


Summary On the heals of the Supreme Court’s deprivation of liberty ruling in Re D (A Child) [2019] UKSC 42, this is an important decision in childcare law. It concerned… Read more »

CategoryLitigation friend - Family members Date

Re Z


Summary Morgan J had made a detailed substantive order on the papers in mixed health and welfare and property and affairs proceedings concerning Z. In that order: The court made… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

TD and BS v KD and QD


Summary QD was a man in his 60’s who suffered from dementia connected with an atypical form of Parkinson’s disease. Until September 2019, he was living with his second wife,… Read more »

CategoryInternational jurisdiction of Court of Protection, Other Date

JK v A Local Health Board


Summary In this case, Lieven J had to grapple with the intersection between the MCA, the MHA and the inherent jurisdiction in addressing the question of whether it would be… Read more »

CategoryMental Health Act 1983 - Interface with MCA, Mental Health Act 1983, Medical Treatment - Advanced decisions Date

Re Various applications concerning foreign representative powers


Summary In this case, Senior Judge Hilder has returned to the somewhat complex issues that arise where an attorney seeks to use a power of representation granted in a foreign… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Date

Bagguley v E


Summary that the Court of Protection can authorise (by the making of a decision under s.16 MCA 2005) the taking of a DNA sample to establish paternity.  In this, he… Read more »

CategoryPractice and procedure, Pracetice and Procedure - Urgent application Date

London Borough of Southwark v NP & Ors


Summary This case, concerned with the welfare of a 17 year with cerebral palsy and atypical anorexia, is of interest on the facts for the way in which the court… Read more »

CategoryPractice and procedure - Other, Practice and procedure - Case management Date

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