Evers v Germany

Mental Capacity Law Cases

Evers v Germany


Summary This case concerned the application of Articles 8 and 6 in the context of a private (sexual) relationship between a man (the applicant) and the adult daughter of his… Read more »

CategoryFamily, Article 8 ECHR Date

BP v Surrey County Council & Anor


Summary In this case, Hayden J had to grapple with the impact of COVID-19 in the care home setting.  The urgent application arose in the context of an existing s.21A… Read more »

CategoryArticle 8 ECHR - Contact, Deputies - Financial and property affairs, Article 8 ECHR, Deputies Date

CH v A Metropolitan Council


Summary CH was born with Downs Syndrome and an associated learning difficulty. In 2010, he married his wife, WH, and they lived together in his parents’ home. They sought fertility… Read more »

CategoryArticle 8 ECHR - Contact, Mental capacity - Sexual relations, COP jurisdiction and powers - Damages, Mental capacity - Contact Date

Djaba v West London MH Trust and others


Summary Since 2014, Mr Djaba had been accommodated in a “super seclusion suite” at Broadmoor under a restricted hospital order (Mental Health Act 1983 ss37/41). Built entirely for his confinement,… Read more »

CategoryArticle 8 ECHR - Contact, Article 5 ECHR - Deprivation of liberty, Mental Health Act 1983 - Interface with MCA Date

Mrs P v Rochdale Borough Council & Others


Summary Mrs P’s deprivation of liberty was authorised in a nursing home. By the time of the final hearing in the MCA section 21A proceedings, place of residence was not… Read more »

CategoryArticle 8 ECHR - Contact, Best interests - Contact, Best interests - P's wishes, Deputies - Financial and property affairs, Article 5 ECHR - DOLS authorisations Date

Birmingham City Council v D and W


Summary[1] This is the sequel to Trust A v X and A Local Authority [2015] EWHC 922 (Fam), summarised here. In the first instalment, a 15-year-old boy – who had… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 8 ECHR - Residence Date

KC v Poland


Summary KC was 72, widowed, and under the apparent care of a social guardian, having previously been declared to be partially incapacitated. Following an application by social services to place… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 8 ECHR - Residence Date

Somerset v MK (Court of Protection Deprivation of Liberty: Best Interests Decisions: Conduct of a Local Authority)


Summary HHJ Nicholas Marston has made findings of extensive breaches of the Convention rights of P, a young woman with severe learning disabilities and autism, and her family, by Somerset… Read more »

CategoryArticle 8 ECHR - Safeguarding Date

R (Tracey) v Cambridge University Hospitals NHS Foundation Trust & Ors


Summary: This decision did not concern an incapacitated patient, but is likely to be of relevance to readers insofar as it relates to serious medical treatment decisions at the end… Read more »

CategoryArticle 8 ECHR - Duty to consult Date

R (Cornwall Council) v SoS for Health & Ors


Summary: This very important decision of the Court of Appeal overturns the decision of Beatson J that we reported upon in December 2012 and will require the Department of Health… Read more »

CategoryArticle 8 ECHR - Residence Date

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