Mental Capacity Law Cases


Summary This interesting decision from last year which recently appeared on Bailii is the first reported decision where consideration has been given to questions of capacity in the context of… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Residence, Inherent jurisdiction, care Date

RB Greenwich v CDM

Summary This case concerned a 63 year old woman with a diagnosis of personality disorder and poorly controlled diabetes.[1]            While there was a dispute between the applicant local authority and… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Residence, Inherent jurisdiction, care Date

Northumberland County Council v MD, FD and RD

Summary The issue in this case was whether RD was deprived of her liberty for the purposes of Article 5. RD was 14½ years old and accommodated in a residential… Read more »

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

DR v Lithuania

Summary A lady in her 60s was ordered by a court to be subject to a psychiatric assessment to consider her criminal responsibility for an alleged offence. She was taken… Read more »

CategoryArticle 5 ECHR - DOLS authorisations Date

Re Z

Summary Although given a Chancery Division neutral citation, this was a procedural application in existing Court of Protection proceedings concerning the capacity of an elderly man (Z) to manage his… Read more »

CategoryPractice and procedure - Other Date

R (on the application of Jollah) v Secretary of State for the Home Department

Summary This case concerned an award of damages for false imprisonment in the context of immigration detention. The Secretary of State appealed against an award of damages for false imprisonment… Read more »

CategoryArticle 5 ECHR - Damages Date

Shakulina & Ors v Russia

Summary This case concerned six Russians who had been deprived of their capacity; four complained of serious irregularities in the court proceedings whereby they had been deprived of their legal… Read more »

CategoryMental capacity - Assessing capacity, Article 5 ECHR - Deprivation of liberty Date

TH v JH & Ors

Summary This was an application by the holder of an EPA for retrospective approval of gifts and payments for voluntary care. P at the time of the application was 95… Read more »

CategoryCOP jurisdiction and powers - Costs, Gifts, Best interests - Property and affairs, - Interface with civil proceedings Date

Flora Keays by her litigation friend Sara Keays v The executors of the estate of the late Right Honourable Cecil, Baron Parkinson

Summary Flora Keays is the adult child of the late Cecil Parkinson and Sara is her mother. Whilst a child, Sara obtained a maintenance order against Cecil Parkinson in the… Read more »

CategoryOther proceedings - Civil, Other Date


Summary[1] The small body of appellate level jurisdiction on the MCA has been added to in this case,  concerning the continued provision of clinically assisted nutrition and hydration (CANH) via… Read more »

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


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