Re CR

Mental Capacity Law Cases

Re CR


Summary This COVID-19 vaccination case, decided by HHJ Butler, differed to the previous two (both decided by Hayden J) because it concerned a much younger person, who never – it… Read more »

CategoryBest interests - Medical treatment, Best interests Date

East Lancashire Hospitals NHS Trust v GH


Summary In this case MacDonald J was concerned with an evolving emergency – an application made in the case of GH, a 26 year old woman who suffered from anxiety,… Read more »

CategoryBest interests - Medical treatment, Best interests Date

X NHS Foundation Trust & Anor v Ms A


In X NHS Foundation Trust & Anor v Ms A [2021] EWCOP 17, Cohen J was concerned with Ms A, a woman in her 30s, who was 38 weeks pregnant,… Read more »

CategoryBest interests - Medical treatment, Best interests Date

Re NZ


Summary In NZ Hayden J had to address, in even more acute form, the dilemma that he had addressed in Sandwell And West Birmingham Hospitals NHS Trust v TW &… Read more »

CategoryBest interests - Medical treatment, Best interests Date

Sandwell And West Birmingham Hospitals NHS Trust v TW & Anor


Summary In this case Hayden J considered a version of a dilemma that presents itself frequently in clinical settings, although rarely so starkly: should treatment continue solely to allow family… Read more »

CategoryBest interests - Medical treatment, Best interests Date

SD v Royal Borough of Kensington And Chelsea


Summary In a further judgment concerning vaccination for COVID-19, Hayden J has amplified the approach that he set out in E (Vaccine) [2020] EWCOP 14.   In this case, the applicant,… Read more »

CategoryBest interests - Medical treatment, Best interests Date

ZK (Landau-Kleffner Syndrome: Best Interests)


Summary In this case, the court considered the residence and contact arrangements for a 37 year old man, and the place within those decisions for his wishes and feelings. ZK… Read more »

CategoryBest interests - Contact, Best interests - Residence, Best interests Date

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

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