University Hospital Coventry and Warwickshire NHS Trust v K and Mrs W

Mental Capacity Law Cases

University Hospital Coventry and Warwickshire NHS Trust v K and Mrs W


In Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37, Hayden J had to consider the capacity of a young Palestinian man to make decisions about… Read more »

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

Cumbria County Council v A


In Cumbria County Council v A [2020] EWCOP 38, Hayden J considered the position in relation to the situation where a local authority wishes to cease being a property and… Read more »

CategoryDeputies - Financial and property affairs Date

London Borough of Tower Hamlets v PB


Summary This decision deals with the thorny question of capacity in the context of alcohol dependence. The central issue was whether PB, a 52 year old man with a history… Read more »

CategoryMental capacity - Assessing capacity Date

Hull University Teaching Hospitals NHS Trust v KD


The case of Hull University Teaching Hospitals NHS Trust v KD [2020] EWCOP 35 concerned a 57-year-old woman with paranoid schizophrenia who smoked around 60 cigarettes a day and whose… Read more »

CategoryBest interests - Medical treatment Date

A NHS Foundation Trust v MC


Summary Cohen J has confirmed that it can be in the best interests of a person to donate stem cells, applying the test set down in s.4 MCA 2005.   The… Read more »

CategoryBest interests - Medical treatment Date

Hinduja v Hinduja & Ors


Summary In a judgment relating to the business affairs of the Hinduja family, the Chancery Division has undertaken an important analysis of when, precisely, medical evidence is required to support… Read more »

CategoryLitigation friend - Family members Date

A Local Authority v RS


A Local Authority v RS [2020] EWCOP 29 concerned a man in his mid-20s with autism and mild learning disability. As a child he was exposed to domestic and alcohol… Read more »

CategoryMental capacity - Assessing capacity Date

University Hospital Coventry and Warwickshire NHS Trust v K and Mrs W


In University Hospital Coventry and Warwickshire NHS Trust v K and Mrs W [2020] EWCOP 31, a woman in her mid-30s had recently been diagnosed with cancer. Without radiotherapy and… Read more »

CategoryBest interests - Medical treatment Date

SM v Livewell Southwest CIC


Summary[1] In an unusual split decision in the Upper Tribunal (Administrative Appeals Chamber), the question of the capacity that a patient requires to bring an application to the Mental Health… Read more »

CategoryMental Health Date

A Local Authority v JB


Summary The Court of Appeal has made clear that we have been asking the wrong question in relation to sexual relations.   The issue arose in the context of proceedings concerning… Read more »

CategoryMental capacity - Sexual relations Date

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