MM v A City Council

Mental Capacity Law Cases

MM v A City Council


Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… Read more »

CategoryMental capacity - Assessing capacity, Best interests - Residence, Article 5 ECHR - Deprivation of liberty, Mental capacity - Residence, Article 5 ECHR, Best interests, Mental capacity Date

Re ZK (No.2)


Summary This case is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of capacity and the revisiting of best interests decisions.  … Read more »

CategoryBest interests - Contact, Best interests - Residence, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Mental capacity - Residence, Best interests, Medical treatment, Mental capacity Date

Hull City Council v A & Ors


Summary In this case, Poole J was concerned with – in effect – what was less bad: allowing a woman with dementia to remain at home in the care of… Read more »

CategoryBest interests - Contact, 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

Re BU


Summary How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim of coercive control cannot countenance an existence where the… Read more »

CategoryBest interests - Contact, 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

A NHS Foundation Trust v An Expectant Mother


Summary This case, which has attracted considerable discussion, concerned an expectant woman, aged 21 with what was described as severe agoraphobia.  She had only left her house on a handful… Read more »

CategoryBest interests, Birth arrangements, Birth arrangements, Mental Capacity - Birth arrangements 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

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