Re Q

Mental Capacity Law Cases

Re Q


Summary Q was a 50 year old woman with longstanding bulimia nervosa, and diagnoses of various mental health disorders including EUPD and recurrent depression, arising from childhood sexual abuse and… Read more »

CategoryMental Health Act 1983 - Interface with MCA, Best interests, Medical treatment, Mental Health Act 1983, advanced decisions, Best interests - Medical treatment Date

A CCG v DC, MC and AC


Summary This case concerned a 20-year-old man in residential care who lacked capacity to decide whether to have the Covid-19 vaccinations and boosters. He was at high risk of serious… Read more »

CategoryBest interests - Medical treatment, Best interests Date

Cambridge University Hospitals NHS Foundation Trust v AH


Summary Theis J reconsidered the best interests of 56 year old Covid-19 patient AH for whom treating clinicians considered artificial ventilation was no longer in her best interests. This was… Read more »

CategoryBest interests - Medical treatment, Best interests Date

North West London Clinical Commissioning Group v GU


Summary In this case Hayden J made a series of very powerful observations about the obligations imposed upon treating bodies to ensure proper consideration of whether continuing treatment is in… Read more »

CategoryBest interests - Medical treatment Date

North Middlesex University Hospital NHS Trust v SR


Summary What (if any) threshold needs to be satisfied before the Court of Protection can exercise its (relatively) newly discovered ‘contingency’ jurisdiction?  This important question was before Katie Gollop QC,… Read more »

CategoryBest interests - Medical treatment, Best interests Date

Cambridge University Hospitals NHS Foundation Trust v AH & Ors (Serious Medical Treatment)


Summary The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of medical treatment, including potentially agonising decisions in the context… Read more »

CategoryBest interests - Medical treatment, Best interests Date

Royal Borough of Greenwich v IOSK & Ors


IOSK was 17 years old at the time of the decision, turning 18 the following month, and subject to a care order. As part of wider welfare proceedings, the local… Read more »

CategoryBest interests - Medical treatment, Best interests Date

Re A (Covid-19 vaccination): ACCG v AD and AC


Summary In this case, HHJ Brown considered an application by a CCG to administer two doses of the Astra-Zeneca Covid-19 vaccination, and a booster in a few months’ time, to… Read more »

CategoryBest interests - Medical treatment, Best interests Date

A Mental Health Trust v ER and An NHS Foundation Trust


Summary In this case, Lieven J considered the capacity and best interests of ER, a 49-year-old woman with a diagnosis of anorexia. ER’s personal history with eating disorders had been… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Litigation, Best interests, Mental capacity Date

SS v LB Richmond on Thames and SWL CCG


Summary This vaccination decision is different to others that have been reported to date (such as  E (Vaccine) [2020] EWCOP 14, because it was clear that the objection to the… Read more »

CategoryBest interests - Medical treatment, Best interests Date

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