Re TWAH

Mental Capacity Law Cases

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

Guy’s and St Thomas’ NHS Foundation Trust v X


Summary This case concerned the obstetric care and delivery of X, a young woman who had a number of different mental health diagnosis including bipolar disorder, schizoaffective disorder and personality… Read more »

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

Re AB (Termination of Pregnancy)


Summary[1] The question arose for determination whether it was in the best interests of a young woman with moderate learning disabilities to undergo a termination.  Matters proceeded at speed in… Read more »

CategoryBest interests - Medical treatment, Best interests, Childbirth 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

United Lincolnshire Hospital NHS Trust v CD


Summary[1] Francis J has grappled with a subject that has been perennially difficult for practitioners: what to do where a person currently has capacity to make a relevant decision but… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Medical treatment, Birth arrangements Date

NHS Trust v JP


Summary[1] In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general anaesthetic) of a Caesarean section on a young woman,… Read more »

CategoryBest interests - Medical treatment, Birth arrangements Date

University Hospitals of Derby And Burton NHS Foundation Trust v J (Medical Treatment: Best Interests)


Summary This case concerned the question of whether it was in the best interests of a woman, identified as ‘Anne,’ to undergo a hysterectomy and bilateral salpingo-oophorectomy and a colonoscopy,… Read more »

CategoryBest interests - Medical treatment Date

Harrow Clinical Commissioning Group v IPJ & Ors


In Harrow Clinical Commissioning Group v IPJ & Ors [2018] EWCOP 44, SJ Hilder considered a classic situation of “only one option” in relation to a young man of 24,… Read more »

CategoryBest interests - Residence, Care Date

Manchester University NHS Foundation Trust v DE


Summary This was an urgent out of hours telephone application made by the applicant Trust for an order enabling it to provide a blood transfusion to DE in the event… Read more »

CategoryBest interests - Medical treatment Date

A Clinical Commissioning Group v P (Withdrawal of CANH)


Summary In this case MacDonald J gave a detailed judgment to explain why he endorsed an agreed position that he would not consent on behalf of a woman to the… Read more »

CategoryBest interests - Medical treatment Date

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