Mental Capacity Law Cases


In this case, Hayden J has come back to the extremely thorny question of what the court is meant to do where it is confronted with the position that the… Read more »

CategoryMental capacity - Medical treatment, Mental capacity, Mental capacity - Fluctuating capacity Date

Manchester University NHS Foundation Trust v Namiq (RRO)

This is the judgment made in relation to the application for a reporting restriction order (RRO) in the Midrar Nadiq case, noted in the Wider Context report. Lieven J had… Read more »

CategoryMedia - Court reporting, Media Date

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

Hertfordshire CC v NK and AK

In this case, MacDonald J declined to make an order a DoL order in respect of a 16 year old, on the basis that he did not consider that the… Read more »

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


In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular dementia challenging a DoLS authorisation under s.21A.  The man was,… Read more »

CategoryBest interests - Medical treatment, Article 5 ECHR - Children and young persons, Mental capacity - Medical treatment, Article 5 ECHR, Best interests, Mental capacity Date

Re D (A young man)

In this case, Mostyn J had to consider a question that had previously been the subject of only very limited judicial consideration, namely the test for permission under s.50 MCA… Read more »

CategoryPractice and procedure - Other Date

Sherwood Forest Hospitals NHS Foundation Trust & Anor v H

This latest example of delay in bringing and then resolving an application relating to medical treatment was “not only inimical but […] potentially fatal” to the person in question.  It… Read more »

CategoryBest interests - Medical treatment, Practice and procedure - Other, Best interests, Practice and procedure Date


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