Mental Capacity Law Cases


Summary What happens when the paperwork authorising a deprivation of liberty under the DoLS regime repeatedly refers to the wrong person?    This question was posed before Senior Judge Hilder in… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Article 5 ECHR Date

Caamaño Valle v Spain

Summary In Caamaño Valle v Spain [2021] ECHR 387, the European Court of Human Rights hardened yet further its stance that those with cognitive impairments can be disenfranchised if they… Read more »

CategoryCRPD Date

University Hospital Birmingham NHS Foundation Trust v AI & K

Summary In this case, the Trust sought a declaration from Hayden J that it was lawful and in AI’s best interests to discontinue any further attempts to provide dialysis. AI… Read more »

CategoryMedical treatment - Treatment withdrawal, Medical treatment Date

A NHS Foundation Trust v An Expectant Mother

Summary This case, which has attracted considerable discussion, concerned an expectant woman, aged 21 with what was described as severe agoraphobia.  She had only left her house on a handful… Read more »

CategoryBest interests, Birth arrangements, Birth arrangements, Mental Capacity - Birth arrangements Date


Summary When and how does the concept of fluctuating capacity apply in the context of sexual relations?   This was the question confronting Knowles J in this case.   DY had just… Read more »

CategoryMental capacity - Sexual relations, Mental capacity Date

A Mental Health Trust v ER and An NHS Foundation Trust

Summary In this case, Lieven J considered the capacity and best interests of ER, a 49-year-old woman with a diagnosis of anorexia. ER’s personal history with eating disorders had been… Read more »

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

SS v LB Richmond on Thames and SWL CCG

Summary This vaccination decision is different to others that have been reported to date (such as  E (Vaccine) [2020] EWCOP 14, because it was clear that the objection to the… Read more »

CategoryBest interests - Medical treatment, Best interests Date


Summary This COVID-19 vaccination case, decided by HHJ Butler, differed to the previous two (both decided by Hayden J) because it concerned a much younger person, who never – it… Read more »

CategoryBest interests - Medical treatment, Best interests Date

R v Rebelo

Summary In a very unusual criminal case, fascinating – essentially existential – questions arose as to the interrelationship between capacity and autonomy.  Mr Rebelo ran a business selling a chemical,… Read more »

CategoryOther proceedings, Criminal Date

East Lancashire Hospitals NHS Trust v GH

Summary In this case MacDonald J was concerned with an evolving emergency – an application made in the case of GH, a 26 year old woman who suffered from anxiety,… Read more »

CategoryBest interests - Medical treatment, Best interests Date


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