AMDC v AG and CI (No. 2)

Mental Capacity Law Cases

AMDC v AG and CI (No. 2)


Summary These proceedings involve the development of a relationship between two care home residents. In light of the interim judgment, which we covered at [2020] EWCOP 58, the matter was… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Marriage, Mental capacity - Sexual relations, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Best interests, Medical treatment, Mental capacity Date

Pennine Acute Hospitals NHS Trust v TM


In Pennine Acute Hospitals NHS Trust v TM [2021] EWCOP 8, Hayden J considered an urgent application made by the Pennine Acute Hospitals NHS Trust in respect of a male… Read more »

CategoryBest interests - Medical treatment, Best interests Date

E (Vaccine)


The Vice-President of the Court of Protection, Hayden J, has given the first reported judgment on capacity and best interests in relation to the COVID-19 vaccine.  Whilst the judgment is… Read more »

CategoryBest interests - Medical treatment, Best interests Date

University Hospitals of Derby and Burton NHS Foundation Trust & Derbyshire Healthcare NHS Foundation Trust v MN


Summary This case concerned the medical treatment of MN, a 60 year old man with suspected bladder cancer. Having co-operated with an ultra-sound, he subsequently stopped co-operating with any further… Read more »

CategoryBest interests - Medical treatment, Best interests Date

Z v University Hospitals Plymouth NHS Trust & Ors


  On 6 November 2020, a middle-aged man referred to as RS suffered a heart attack and was without oxygen for at least 45 minutes.  He was taken to hospital… Read more »

CategoryBest interests - Medical treatment, Best interests Date

A London NHS Trust v KB and A London Local Authority


The Court was asked to determine whether a Caesarean section was in the best interests of KB who suffered a hypoxic brain injury at birth which left her with microcephaly,… Read more »

CategoryBest interests - Medical treatment, Medical treatment - Deprivation of liberty, Best interests, Medical treatment Date

Livewell Southwest Community Interest Company v MD


Livewell Southwest Community Interest Company v MD [2020] EWCOP 57 is another case on full-dental clearance following very shortly after the United Lincolnshire Hospitals NHS Trust v Q [2020] EWCOP… Read more »

CategoryBest interests - Medical treatment, Best interests Date

University Hospitals of Leicester NHS Trust v TC & Ors


In this case, Cobb J was required to consider an urgent application for a best interests decision with respect to carrying out chemoradiotherapy and an endoscopic resection and/or tracheostomy (as… Read more »

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

Birmingham Women’s and Children’s NHS Foundation Trust v JB


Summary[1] In Birmingham Women’s and Children’s NHS Foundation Trust v JB [2020] EWHC 2595 (Fam), Hayden J provided an important clarification regarding MacDonald J’s judgment in Barts Health NHS Trust… Read more »

CategoryBest interests - Medical treatment, Deputies - Financial and property affairs, Medical treatment - Treatment withdrawal, Best interests, Deputies, Medical treatment Date

Northamptonshire Healthcare NHS Foundation Trust v AB


Summary This case concerned a 28 year old woman, referred to as AB, who had suffered from anorexia nervosa since the age of 13.  At the time of the application… Read more »

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

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