Mental Capacity Law Cases


In Re UR [2021] EWCOP 10, Hayden J has set out a checklist for situations where the Court of Protection is to be asked to decide that a person should… Read more »

CategoryInternational jurisdiction of Court of Protection, Other Date

AMDC v AG and CI (No. 2)

Summary These proceedings involve the development of a relationship between two care home residents. In light of the interim judgment, which we covered at [2020] EWCOP 58, the matter was… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Marriage, Mental capacity - Sexual relations, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Best interests, Medical treatment, Mental capacity Date

A Local Authority v TA, XA, GA (by her litigation friend, the Official Solicitor ) and SR (GA’s deputy for property and financial affairs)

Summary In this judgment Cobb J considered two discrete issues in respect of a litigant in person (“TA”) whose challenging behaviour had meant that progress of the proceedings relating to… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

Pennine Acute Hospitals NHS Trust v TM

In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the Pennine Acute Hospitals NHS Trust in respect of a male… Read more »

CategoryBest interests - Medical treatment, Best interests Date

E (Vaccine)

The Vice-President of the Court of Protection, Hayden J, has given the first reported judgment on capacity and best interests in relation to the COVID-19 vaccine.  Whilst the judgment is… Read more »

CategoryBest interests - Medical treatment, Best interests Date

University Hospitals of Derby and Burton NHS Foundation Trust & Derbyshire Healthcare NHS Foundation Trust v MN

Summary This case concerned the medical treatment of MN, a 60 year old man with suspected bladder cancer. Having co-operated with an ultra-sound, he subsequently stopped co-operating with any further… Read more »

CategoryBest interests - Medical treatment, Best interests Date

A NHS Trust v X

Summary[1] This case is about whether X, a young woman declared to be Gillick competent and “mature and wise beyond her years”, should be afforded the exclusive right to decide… Read more »

CategoryOther proceedings, Family (private law) Date

NG v Hertfordshire County Council & Ors

The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been added to in this important decision by Lieven J, concerning… Read more »

CategoryBest interests - Contact, Best interests Date


In Re AEL [2021] EWCOP 9, SJ Hilder considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. … Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR Date

Z v University Hospitals Plymouth NHS Trust & Ors

  On 6 November 2020, a middle-aged man referred to as RS suffered a heart attack and was without oxygen for at least 45 minutes.  He was taken to hospital… Read more »

CategoryBest interests - Medical treatment, Best interests Date


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