DXW v PXL

Mental Capacity Law Cases

DXW v PXL


Summary In this case P suffered serious brain injuries whilst at work. These left him with severe cognitive and executive impairments. Apart from lacking litigation capacity, the evidence was clear… Read more »

CategoryBest interests - Property and affairs, - Interface with civil proceedings Date

Re TWAH


 In this case the court considered an application by a trust corporation which was a registered charity (Allied Services Trust), a company limited by guarantee, to be appointed the deputy… Read more »

CategoryDeputies - Financial and property affairs, Best interests - Property and affairs Date

Re MJL


Summary In 2007, when P was 54, he suffered a cardiac arrest and fell into PVS. He had an estate of over £17 million and no dependents, and was cared… Read more »

CategoryDeputies - Financial and property affairs, Best interests - Property and affairs Date

LCN v KF, AH, EH and CIF (by his litigation friend the Official Solicitor)


Summary In this case P (CIF) was seriously injured at birth. By a litigation friend, he brought a claim for damages against the hospital trust responsible for his care at… Read more »

CategoryBest interests - Property and affairs Date

TH v JH & Ors


Summary This was an application by the holder of an EPA for retrospective approval of gifts and payments for voluntary care. P at the time of the application was 95… Read more »

CategoryCOP jurisdiction and powers - Costs, Gifts, Best interests - Property and affairs, - Interface with civil proceedings Date

Re AR


Summary In this case Charles J ruled that the practice of making bulk orders for the approval of a deputy’s remuneration was wrong and that remuneration was a best interests… Read more »

CategoryBest interests - Property and affairs Date

Tinsley v Manchester City Council and others


Summary In this case P had received a large personal injury award in 2005 as a result of a serious brain injury. He had been compulsorily detained under the Mental… Read more »

CategoryCOP jurisdiction and powers - Interface with public law jurisdiction, Best interests - Property and affairs Date

Watt v ABC


Summary In this case Charles J was considering the issue of whether P’s funds from a personal injury award of £1.5 million should be administered through a deputyship or a… Read more »

CategoryStatutory wills, Best interests - Property and affairs Date

Re JW


Summary In this case Senior Judge Lush had to consider the issue of who should be P’s deputy, P’s son or the local authority authorised officer. The local authority authorised… Read more »

CategoryDeputies - Financial and property affairs, Best interests - Property and affairs Date

Re HNL


Summary In this case Senior Judge Lush had to consider the issue of gratuitous care allowances paid to lay deputies or members of P’s family. The deputy in this case… Read more »

CategoryBest interests - Property and affairs Date

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