In the matter of D (A Child)

Mental Capacity Law Cases

In the matter of D (A Child)


Summary The Supreme Court has held (by a majority) where a 16 or 17 year old child cannot (or does not) give their own consent to circumstances satisfying the ‘acid… Read more »

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

R (Maguire) v Her Majesty’s Senior Coroner for Blackpool and Fylde


Summary This was a judicial review brought in respect of the decision of the coroner investigating the death of a 52 year old woman, Jacqueline (Jackie) Morgan that Article 2… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Other proceedings - Civil Date

A Health and Social Care Trust v X et al


Summary Mr X had died by the time of this judgment, but the decision is likely to affect hundreds of individuals in Northern Ireland in similar circumstances.  The case concerned… Read more »

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

Southend-on-Sea Borough Council v Meyers


Summary[1] This is the follow up to the permission decision of Baker LJ reported as Re BF, and represents the substantive hearing of the application before Hayden J for declarations… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, COP jurisdiction and powers - Interface with inherent jurisdiction Date

Rooman v Belgium


Summary In an important case determined at the start of 2019, the Grand Chamber of the European Court of Human Rights undertook a review and clarification of its approach to… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

A Local Authority v BF


Summary This case was an application for permission to appeal from an interim judgment of Hayden J concerning the difficult question of the nature and reach of the inherent jurisdiction… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, COP jurisdiction and powers - Interface with inherent jurisdiction Date

Welsh Ministers v PJ


Summary The Supreme Court has reversed the curious and controversial decision in PJ, in which the Court of Appeal had held that the MHA 1983 contained within it by necessary… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Mental Health Date

Secretary of State for Justice v MM


Summary The Supreme Court (Lord Hughes dissenting) has upheld the ruling of the Court of Appeal that neither the Secretary of the State nor the Mental Health Tribunal has the… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

Re T (A Child)


The issue in this appeal was whether a lack of valid consent was a pre-requisite to the exercise of the inherent jurisdiction authorising the restriction of the liberty of a… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, COP jurisdiction and powers - Interface with inherent jurisdiction Date

BVerfG, Judgment of the Second Senate in 2 BvR 309/15


Summary A judgment of the Second Senate of German Federal Constitutional Court (in 2 BvR 309/15)  has very recently been brought to our attention (the case being decided in July,… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

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