A County Council v KK & Oths

Mental Capacity Law Cases

A County Council v KK & Oths


Summary In this case, Lieven J considered whether a “community DoL” order that had been in place in respect of an 18 year old woman (“JK”) since January 2020 should… Read more »

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

Re Z (A Child: Deprivation of Liberty: Transition Plan)


In Re Z (A Child: Deprivation of Liberty: Transition Plan) [2020] EWHC 3038 (Fam), Knowles J considered the situation of a 14 year old boy with autism and PDA traits… Read more »

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

Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors


In, the Court of Appeal almost, but not quite, answered the question of whether it is lawful to use the inherent jurisdiction to deprive an adult of their liberty.   They… Read more »

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

DP v LB Hillingdon


Summary[1] In this case, Hayden J has clarified what the court is to do on an s.21A application where it has doubt as to whether it can, on the evidence… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - Deprivation of liberty, Article 5 ECHR - DOLS authorisations, Article 5 ECHR, Practice and procedure Date

Cornwall Council v NP and BKP


Summary These reconstituted s.21A MCA proceedings concerned a 69-year-old man who, married for 35 years, collapsed in the marital home and was hospitalised with diagnoses of neurological sequelae of herpesviral… Read more »

CategoryBest interests - Residence, Article 5 ECHR - DOLS authorisations, Article 8 ECHR - Residence, Article 5 ECHR, Article 8 ECHR, Best interests Date

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

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