JK v A Local Health Board

Mental Capacity Law Cases

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

Fox v Wiggins & Ors

Summary In this case, Julian Knowles J had to consider what to do in civil proceedings when a party’s capacity to conduct the proceedings is put in issue by the… Read more »

CategoryOther proceedings - Civil Date

Mustard v Flower

This case addresses the question of the lawfulness (or otherwise) of covertly recording an assessment by a medical practitioner. The Claimant in this case was a victim of a road… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date


Summary In this case P suffered serious brain injuries whilst at work. These left him with severe cognitive and executive impairments. Apart from lacking litigation capacity, the evidence was clear… Read more »

CategoryBest interests - Property and affairs, - Interface with civil proceedings Date


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