A Local Authority v AB

Mental Capacity Law Cases

A Local Authority v AB


Summary There have been very few cases concerning the meaning of deprivation of liberty in the context of adults since the immediate flurry of post-Cheshire West activity and the decision… Read more »

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

R(Maguire) v HM Senior Coroner for Blackpool & Fylde


Summary[1] The Court of Appeal has held that there are (perhaps surprising) limits to the obligation upon the state under Article 2 ECHR to investigate the death of those subject… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

Aftanache v Romania


Summary In Aftanache v Romania, the applicant contended that his life was put at risk by medical personnel from the ambulance service and hospitals, who refused to administer his insulin… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

University College London Hospitals NHS Foundation Trust v MB


In a decision handed down on 9 April 2020, Chamberlain J gave some important observations about the lawfulness of the allocation of scarce hospital resources in University College London Hospitals… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, International jurisdiction of Court of Protection, Recognition and enforcement Date

BP v Surrey County Council & Anor (2)


Summary This is the second decision concerning an 83 year old man, BP.  It follows the earlier one on 25 March 2020, the first time that the Court of Protection… Read more »

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

QD (Habitual Residence) (No.2)


In QD (Habitual Residence) (No.2) [2020] EWCOP 14, Cobb J gave a follow up judgment to that delivered in December 2019.  In that judgment, Cobb J decided that the move… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR, International jurisdiction of Court of Protection, Other Date

HSE of Ireland v Moorgate


In The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12, Hayden J considered in some detail the operation of the regime under Schedule 3 MCA 2005 for recognition… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, International jurisdiction of Court of Protection, Recognition and enforcement Date

R (Jalloh) v Secretary of State for the Home Department


In R (Jalloh) v Secretary of State for the Home Department [2020] UKSC 4, the main issue was whether the meaning of ‘imprisonment’ at common law should be aligned with… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

Hertfordshire CC v NK and AK


In this case, MacDonald J declined to make an order a DoL order in respect of a 16 year old, on the basis that he did not consider that the… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 5 ECHR Date

A London Borough v X, Y and Z


This was a wardship application brought by the local authority in respect of Z, a 17 year old boy who had a range of very complex health needs rendering him… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 5 ECHR Date

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