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Mental Capacity Law Cases
AMDC v AG & Anor
This decision serves as an important reminder of how demanding the process of assessing and reporting upon capacity is – or should be. The case concerned a 68 year old woman,… Read more »
Re Z (A Child: Deprivation of Liberty: Transition Plan)
In Re Z (A Child: Deprivation of Liberty: Transition Plan) [2020] EWHC 3038 (Fam), Knowles J considered the situation of a 14 year old boy with autism and PDA traits… Read more »
Livewell Southwest Community Interest Company v MD
Livewell Southwest Community Interest Company v MD [2020] EWCOP 57 is another case on full-dental clearance following very shortly after the United Lincolnshire Hospitals NHS Trust v Q [2020] EWCOP… Read more »
An NHS Trust v AF & Anor
Poole J has answered an important question that has – oddly – not been definitely determined previously: when does a decision of the Court of Protection stop being binding? The… Read more »
University Hospitals of Leicester NHS Trust v TC & Ors
In this case, Cobb J was required to consider an urgent application for a best interests decision with respect to carrying out chemoradiotherapy and an endoscopic resection and/or tracheostomy (as… Read more »
Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors
In, the Court of Appeal almost, but not quite, answered the question of whether it is lawful to use the inherent jurisdiction to deprive an adult of their liberty. They… Read more »
The Health Service Executive of Ireland v IM & Anor
Knowles J has given a helpful summary of the approach to determining whether an adult with impaired decision-making capacity remains habitually resident within England and Wales. The person in… Read more »
Re LMS (Settlement of Property into a Trust)
In this case, the court was asked to approve a settlement of an inheritance of which P was beneficiary. The application was made by P’s attorney under an LPA and… Read more »
Re JB (Costs)
In this case, the Court of Protection had been asked to take aggressive steps in terms of service provision. In Re JB, the local authority applicant in question had gone… Read more »
P v Griffith
Summary In a very unusual case, the Court of Protection has sentenced a woman, a Ms Griffith, to 12 months imprisonment for forging a court order so as to obtain… Read more »
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