Re CR

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 »

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

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 »

CategoryBest interests - Medical treatment, Best interests Date

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 »

CategoryBest interests - Medical treatment, Best interests Date

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 »

CategoryMental capacity - Sexual relations, Mental capacity Date

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 »

CategoryBest interests - Medical treatment, Best interests Date

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 »

CategoryBest interests - Medical treatment, Best interests Date

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 »

CategoryMental capacity - Litigation, Practice and procedure - MCA tools, Mental capacity, Practice and procedure, Other proceedings, Family (public law) Date

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 »

CategoryMental capacity - Marriage, Mental capacity Date

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