Re Q

Mental Capacity Law Cases

Re Q


Summary Q was a 50 year old woman with longstanding bulimia nervosa, and diagnoses of various mental health disorders including EUPD and recurrent depression, arising from childhood sexual abuse and… Read more »

CategoryBest interests - Medical treatment, Mental Health Act 1983 - Interface with MCA, Best interests, Medical treatment, Mental Health Act 1983, advanced decisions Date

A CCG v DC, MC and AC


Summary This case concerned a 20-year-old man in residential care who lacked capacity to decide whether to have the Covid-19 vaccinations and boosters. He was at high risk of serious… Read more »

CategoryBest interests - Medical treatment, Best interests Date

London Borough of X v MR, PD and AB


Summary MR was an 86-year-old gentleman with advanced dementia who, during the first Covid emergency in April 2020, was discharged from hospital to a secular nursing home where he remained… Read more »

CategoryBest interests - Residence, Best interests Date

Cambridge University Hospitals NHS Foundation Trust v AH


Summary Theis J reconsidered the best interests of 56 year old Covid-19 patient AH for whom treating clinicians considered artificial ventilation was no longer in her best interests. This was… Read more »

CategoryBest interests - Medical treatment, Best interests Date

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

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