NG v Hertfordshire County Council & Ors

Mental Capacity Law Cases

NG v Hertfordshire County Council & Ors


The (surprisingly) small body of reported cases relating to COVID-19 (representing the tip of a rather larger iceberg) has been added to in this important decision by Lieven J, concerning… Read more »

CategoryBest interests - Contact, 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

Re LMS (Settlement of Property into a Trust)


In this case, the court was asked to approve a settlement of an inheritance of which P was beneficiary. The application was made by P’s attorney under an LPA and… Read more »

CategoryBest interests, Best interests - Property and affairs Date

Re LW


In this case Hayden J was concerned with a 60-year-old woman, LW.   She had been admitted to a specialist unit, initially detained under the MHA 1983, in a “truly parlous… Read more »

CategoryBest interests - Contact, Best interests Date

Cornwall Council v NP and BKP


Summary These reconstituted s.21A MCA proceedings concerned a 69-year-old man who, married for 35 years, collapsed in the marital home and was hospitalised with diagnoses of neurological sequelae of herpesviral… Read more »

CategoryBest interests - Residence, Article 5 ECHR - DOLS authorisations, Article 8 ECHR - Residence, Article 5 ECHR, Article 8 ECHR, Best interests 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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