CH v A Metropolitan Council

Mental Capacity Law Cases

CH v A Metropolitan Council


Summary CH was born with Downs Syndrome and an associated learning difficulty. In 2010, he married his wife, WH, and they lived together in his parents’ home. They sought fertility… Read more »

CategoryArticle 8 ECHR - Contact, Mental capacity - Sexual relations, COP jurisdiction and powers - Damages, Mental capacity - Contact Date

Essex County Council v RF & Ors


This judgment from District Judge Mort provides some useful guidance on the level of damages to be awarded in Court of Protection proceedings for unlawful detention. P was 91 year… Read more »

CategoryCOP jurisdiction and powers - Damages Date

A Local Authority v Mr & Mrs D


Summary: We report this case together A City Council v Mr and Mrs J (2013), as both cases concern damages settlements for breaches of Article 5 ECHR. We have previously… Read more »

CategoryCOP jurisdiction and powers - Damages Date

Dunhill v Burgin


Summary: The Claimant sought to have a compromise agreement into which she had entered declared void due to her having lacked litigation capacity at the time it was agreed. The… Read more »

CategoryCOP jurisdiction and powers - Damages, Mental capacity - Litigation Date

TTM v London Borough of Hackney & Others


Summary: By way of brief reference only, as it is a case concerning obligations under the MHA 1983, the recently decided case of TTM in which Alex Ruck Keene was… Read more »

CategoryCOP jurisdiction and powers - Damages Date

YA (F) v A Local Authority


Summary: The question of whether the Court of Protection has jurisdiction to award damages for breaches of the ECHR rights of P (or a family member of P) has been… Read more »

CategoryPractice and procedure - Other, COP jurisdiction and powers - Damages Date

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