A Local Authority v JB

Mental Capacity Law Cases

A Local Authority v JB

Summary The Court of Appeal has made clear that we have been asking the wrong question in relation to sexual relations.   The issue arose in the context of proceedings concerning… Read more »

CategoryMental capacity - Sexual relations Date

R(Maguire) v HM Senior Coroner for Blackpool & Fylde

Summary[1] The Court of Appeal has held that there are (perhaps surprising) limits to the obligation upon the state under Article 2 ECHR to investigate the death of those subject… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

R (EG) v Parole Board & Ors

Summary[1] A prisoner, EG, had learning difficulties which prevented him from instructing a (legal) representative to act for him in the review the Parole Board was conducting of the necessity… Read more »

CategoryJudicial Review Date

Barnsley Hospitals NHS Foundation Trust v MSP

In this case, Hayden J considered an application, initially made to him as the Out of Hours judge, for determination of the question of whether a Trust should continue to… Read more »

CategoryBest interests - Medical treatment Date

Evers v Germany

Summary This case concerned the application of Articles 8 and 6 in the context of a private (sexual) relationship between a man (the applicant) and the adult daughter of his… Read more »

CategoryFamily, Article 8 ECHR Date

Aftanache v Romania

Summary In Aftanache v Romania, the applicant contended that his life was put at risk by medical personnel from the ambulance service and hospitals, who refused to administer his insulin… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date


Summary GTI was a 45 year old man, with an established history of schizoaffective disorder. It had been controlled with psychotropic medication and he has lived in supported accommodation in… Read more »

CategoryBest interests - Medical treatment Date

United Lincolnshire Hospitals NHS Foundation Trust v Q

Summary[1] Q was 57-year-old woman, with profound and lifelong learning disabilities together with epilepsy. She also had impaired eyesight and was registered blind. She had mobility difficulties which necessitated the… Read more »

CategoryBest interests - Medical treatment Date


In this case, Mostyn J was confronted by what to do where it appeared that one of the parties to proceedings between parents concerning a child lacked capacity to conduct… Read more »

CategoryMental capacity - Litigation, Family (private law) Date

A Local Authority v AW

Summary Characteristically, Cobb J delineated the issue to be decided in this case at the very outset: This judgment does not establish any great or new point of legal principle…. Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Parentage, Mental capacity - Contact Date


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