VE v AO & Ors

Mental Capacity Law Cases

VE v AO & Ors

Summary In this case, Lieven J was asked to determine whether it was in the best interests of a terminally ill woman to leave the care home where she was… Read more »

CategoryBest interests - Residence, Best interests - Medical treatment, Best interests Date

London Borough of Tower Hamlets v A & KF

Summary[1] This case was concerned with whether A – a 69 year old woman who had suffered a stroke and been diagnosed with Korsakoff’s dementia – had capacity to make… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Residence, Mental capacity Date

MOC (by MG) v SSWP (DLA)

Summary Can impaired decision-making capacity constitute a ‘status’ for purposes of purposes of the law relating to discrimination?   That was the question posed before the Upper Tribunal in MOC (by… Read more »


Re SF (Injunctive Relief)

Summary   In Re SF (Injunctions) [2020] EWCOP 19, Keehan J was concerned with a young woman, SF, who had a diagnosis of Autism Spectrum Disorder and also had learning… Read more »

CategoryCOP jurisdiction and powers, COP Jurisdiction and powers - Injunctions Date

University College London Hospitals NHS Foundation Trust v MB

In a decision handed down on 9 April 2020, Chamberlain J gave some important observations about the lawfulness of the allocation of scarce hospital resources in University College London Hospitals… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, International jurisdiction of Court of Protection, Recognition and enforcement Date

Oxford University Hospitals NHS Foundation Trust v Z

Summary In this case the court considered whether the implantation of an intrauterine device (‘IUD’) into a 22 year old woman against her wishes would be in her best interests. … Read more »

CategoryBest interest - Contraception, Mental Capacity - Contraception Date

BP v Surrey County Council & Anor (2)

Summary This is the second decision concerning an 83 year old man, BP.  It follows the earlier one on 25 March 2020, the first time that the Court of Protection… Read more »

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

A Clinical Commissioning Group v AF

Summary This case concerned AF, a man in his mid seventies who following a stroke in May 2016 was receiving Clinically Assisted Nutrition and Hydration (‘CANH’) via a PEG. The… Read more »

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

BP v Surrey County Council & Anor

Summary In this case, Hayden J had to grapple with the impact of COVID-19 in the care home setting.  The urgent application arose in the context of an existing s.21A… Read more »

CategoryArticle 8 ECHR - Contact, Deputies - Financial and property affairs, Article 8 ECHR, Deputies Date

A Local Authority in Yorkshire v SF

Summary This case concerned the decision-making capacity of AF, a 45 year old married woman with mild learning disability, type 2 diabetes, depression and frontal lobe dementia.  AF had problems… Read more »

CategoryMental capacity - Contact, Mental capacity Date


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