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Mental Capacity Law Cases
Re CR
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 »
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 »
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 »
X NHS Foundation Trust & Anor v Ms A
In X NHS Foundation Trust & Anor v Ms A [2021] EWCOP 17, Cohen J was concerned with Ms A, a woman in her 30s, who was 38 weeks pregnant,… Read more »
Re NZ
Summary In NZ Hayden J had to address, in even more acute form, the dilemma that he had addressed in Sandwell And West Birmingham Hospitals NHS Trust v TW &… Read more »
HD (Capacity to Engage in Sexual Relations)
In HD Cobb J has grappled with the impact of the Court of Appeal’s decision in Re JB [2020] EWCA Civ 735, in which the Court of Appeal had made clear that the… Read more »
Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor
Summary In this case Hayden J considered a version of a dilemma that presents itself frequently in clinical settings, although rarely so starkly: should treatment continue solely to allow family… Read more »
SD v Royal Borough of Kensington And Chelsea
Summary In a further judgment concerning vaccination for COVID-19, Hayden J has amplified the approach that he set out in E (Vaccine) [2020] EWCOP 14. In this case, the applicant,… Read more »
A Local Authority v M, F, A and B
These family proceedings considered whether two young children should be placed in long-term foster care or for adoption. But we cover it because useful lessons were identified which can be… Read more »
NB v MI
Summary In this case Mostyn J considered – and refused – an application for a declaration under the inherent jurisdiction that NB’s Pakistani marriage to her husband MI was not… Read more »
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