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Mental Capacity Law Cases
An NHS Trust and others (Respondents) v Y (by his litigation friend, the Official Solicitor) and another (Appellants)
Summary Background Ever since the decision of the House of Lords in Bland, it has been recognised that CANH constitutes a medical treatment and that (as with any other medical… Read more »
Re FX
Summary This interesting decision from last year which recently appeared on Bailii is the first reported decision where consideration has been given to questions of capacity in the context of… Read more »
RB Greenwich v CDM
Summary This case concerned a 63 year old woman with a diagnosis of personality disorder and poorly controlled diabetes.[1] While there was a dispute between the applicant local authority and… Read more »
Northumberland County Council v MD, FD and RD
Summary The issue in this case was whether RD was deprived of her liberty for the purposes of Article 5. RD was 14½ years old and accommodated in a residential… Read more »
DR v Lithuania
Summary A lady in her 60s was ordered by a court to be subject to a psychiatric assessment to consider her criminal responsibility for an alleged offence. She was taken… Read more »
Re Z
Summary Although given a Chancery Division neutral citation, this was a procedural application in existing Court of Protection proceedings concerning the capacity of an elderly man (Z) to manage his… Read more »
R (on the application of Jollah) v Secretary of State for the Home Department
Summary This case concerned an award of damages for false imprisonment in the context of immigration detention. The Secretary of State appealed against an award of damages for false imprisonment… Read more »
Shakulina & Ors v Russia
Summary This case concerned six Russians who had been deprived of their capacity; four complained of serious irregularities in the court proceedings whereby they had been deprived of their legal… Read more »
TH v JH & Ors
Summary This was an application by the holder of an EPA for retrospective approval of gifts and payments for voluntary care. P at the time of the application was 95… Read more »
Flora Keays by her litigation friend Sara Keays v The executors of the estate of the late Right Honourable Cecil, Baron Parkinson
Summary Flora Keays is the adult child of the late Cecil Parkinson and Sara is her mother. Whilst a child, Sara obtained a maintenance order against Cecil Parkinson in the… Read more »
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