AMDC v AG & Anor

Mental Capacity Law Cases

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

An NHS Trust v AF & Anor


Poole J has answered an important question that has – oddly – not been definitely determined previously: when does a decision of the Court of Protection stop being binding?   The… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

University Hospitals of Leicester NHS Trust v TC & Ors


In this case, Cobb J was required to consider an urgent application for a best interests decision with respect to carrying out chemoradiotherapy and an endoscopic resection and/or tracheostomy (as… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Medical treatment, Best interests, Mental capacity Date

Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors


In, the Court of Appeal almost, but not quite, answered the question of whether it is lawful to use the inherent jurisdiction to deprive an adult of their liberty.   They… Read more »

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

The Health Service Executive of Ireland v IM & Anor


  Knowles J has given a helpful summary of the approach to determining whether an adult with impaired decision-making capacity remains habitually resident within England and Wales. The person in… Read more »

CategoryInternational jurisdiction of Court of Protection, Other Date

Re LMS (Settlement of Property into a Trust)


In this case, the court was asked to approve a settlement of an inheritance of which P was beneficiary. The application was made by P’s attorney under an LPA and… Read more »

CategoryBest interests, Best interests - Property and affairs Date

Re JB (Costs)


In this case, the Court of Protection had been asked to take aggressive steps in terms of service provision.   In Re JB, the local authority applicant in question had gone… Read more »

CategoryCOP jurisdiction and powers - Costs, COP jurisdiction and powers - Interface with public law jurisdiction, COP jurisdiction and powers, Other proceedings, Mental Health, Declarations Date

P v Griffith


Summary In a very unusual case, the Court of Protection has sentenced a woman, a Ms Griffith, to 12 months imprisonment for forging a court order so as to obtain… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

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