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Mental Capacity Law Cases
In the matter of D (A Child)
Summary The Supreme Court has held (by a majority) where a 16 or 17 year old child cannot (or does not) give their own consent to circumstances satisfying the ‘acid… Read more »
Wakefield MDC and Wakefield CCG v DN and MN
Summary[1] DN was a 25 year old man described as having a severe form of autism, a general anxiety disorder and traits of emotionally unstable personality disorder. He was ‘not… Read more »
Redcar and Cleveland BC v PR and others
Summary[1] In this case, Cobb J was concerned with a 32 year old woman who had recently been affected by mental health problems which had resulted in admission to hospital… Read more »
Re TWAH
In this case the court considered an application by a trust corporation which was a registered charity (Allied Services Trust), a company limited by guarantee, to be appointed the deputy… Read more »
Guy’s and St Thomas’ NHS Foundation Trust v X
Summary This case concerned the obstetric care and delivery of X, a young woman who had a number of different mental health diagnosis including bipolar disorder, schizoaffective disorder and personality… Read more »
Re M (Children) (Disclosure to the Police)
Summary This was an appeal to the Court of Appeal by parents against a decision of Keehan J’s in care proceedings, acceding to an application brought by the police for… Read more »
Bashir v Bashir
Summary It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir, Master Clark did so in the context of a complicated… Read more »
Birmingham CC v SR; Lancashire CC v JTA
Summary Two local authorities made streamlined Re X applications on COPDOL11 forms to authorise the deprivation of liberty of two individuals who were either about to be (SR), or had… Read more »
LB Tower Hamlets v NB & AU
Summary Hayden J has made further observations about the test for capacity to consent to sexual relations. We use the term “observations” advisedly, because his judgment does not, in fact,… Read more »
Re AB (Termination of Pregnancy)
Summary[1] The question arose for determination whether it was in the best interests of a young woman with moderate learning disabilities to undergo a termination. Matters proceeded at speed in… Read more »
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