Barts NHS Foundation Trust v Begum and Raqeeb, and Raqeeb (by her children’s guardian)

Mental Capacity Law Cases

Barts NHS Foundation Trust v Begum and Raqeeb, and Raqeeb (by her children’s guardian)


Summary[1] This is the costs decision in the case concerning the medical treatment and best interests of Tafida Raqeeb, a five year old girl (‘Tafida’). We reported on the substantive… Read more »

CategoryFamily (private law), Family (public law) Date

Barts NHS Foundation Trust v Begum and Raqeeb, and Raqeeb (by her children’s guardian)


Summary This case concerned an application by the NHS Trust to terminate the appointment of Tafida Raqeeb’s litigation friend days before the final hearing of the judicial review proceedings ([2019]… Read more »

CategoryFamily (public law), Judicial Review Date

A Local Authority v B’s father et al


Summary On the heals of the Supreme Court’s deprivation of liberty ruling in Re D (A Child) [2019] UKSC 42, this is an important decision in childcare law. It concerned… Read more »

CategoryLitigation friend - Family members Date

JK v A Local Health Board


Summary In this case, Lieven J had to grapple with the intersection between the MCA, the MHA and the inherent jurisdiction in addressing the question of whether it would be… Read more »

CategoryMental Health Act 1983 - Interface with MCA, Mental Health Act 1983, Medical Treatment - Advanced decisions Date

Re Various applications concerning foreign representative powers


Summary In this case, Senior Judge Hilder has returned to the somewhat complex issues that arise where an attorney seeks to use a power of representation granted in a foreign… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction Date

Bagguley v E


Summary that the Court of Protection can authorise (by the making of a decision under s.16 MCA 2005) the taking of a DNA sample to establish paternity.  In this, he… Read more »

CategoryPractice and procedure, Pracetice and Procedure - Urgent application Date

London Borough of Southwark v NP & Ors


Summary This case, concerned with the welfare of a 17 year with cerebral palsy and atypical anorexia, is of interest on the facts for the way in which the court… Read more »

CategoryPractice and procedure - Other, Practice and procedure - Case management Date

Redcar & Cleveland Borough Council v PR (No 2)


Summary This is the costs judgment arising from the substantive judgment in Redcar & Cleveland Borough Council v PR & Ors [2019] EWHC 2305, concerned with a 32 year old… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction, COP jurisdiction and powers Date

LB Barnet v JDO & Ors


Summary This frankly astonishing case reads as an object lesson in how not to make an application to the Court of Protection to authorise deprivation of liberty. It concerns a… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Statutory wills Date

An NHS Foundation Trust v AB and CD


Comment This is the latest chapter in the long running case of AB, first heard before Lieven J on whether or not a termination was in AB’s best interests (see… Read more »

CategoryBest interest - Contraception Date

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