Re W (A child)

Mental Capacity Law Cases

Re W (A child)


Summary The central issue in this appeal, of relevance by analogy to proceedings before the Court of Protection was this: Can a witness in Family proceedings, who is the subject… Read more »

CategoryCOP jurisdiction and powers - Experts Date

R (T) v Legal Aid Agency


Summary: In this case there was a successful challenge to the refusal of the Legal Aid Agency (“LAA”) to authorise the cost of obtaining expert evidence in care proceedings. The… Read more »

CategoryCOP jurisdiction and powers - Experts Date

Re DS & Others (children)


Summary: This case, in the Family Division, is nonetheless relevant to practitioners in the Court of Protection because the guidance given by the President regarding the appropriate wording to adopt… Read more »

CategoryCOP jurisdiction and powers - Experts Date

PH v A Local Authority & Z Limited


Summary: The Court was asked to decide whether a man suffering from Huntingdon’s Disease (‘HD’) had the capacity to make decisions about his residence, care and treatment. The matter came… Read more »

CategoryMental capacity - Assessing capacity, Article 5 ECHR - DOLS authorisations, COP jurisdiction and powers - Experts Date

SMBC, WMP, RC & GG v HSG, SK & SKG


Summary: HHJ Cardinal was asked to consider an application by the Local Authority for a declaration as to the capacity of HSG to marry and to make complex financial decisions…. Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Marriage, COP jurisdiction and powers - Experts Date

AVS v NHS Foundation Trust


Summary: This case very recently decided by the President is interesting as an example of the court’s approach to limiting expert and lay evidence, and to the removal of a… Read more »

CategoryBest interests - Medical treatment, COP jurisdiction and powers - Experts, Litigation friend - Family members Date

D v R (Deputy of S) & S


Summary: In this case, Henderson J had to decide whether a Mr S had capacity to decide whether Chancery proceedings started in his name and on his behalf by his… Read more »

CategoryDeputies - Financial and property affairs, COP jurisdiction and powers - Experts, COP jurisdiction and powers - Undue influence Date

Keywords


Sign up to our Mental Capacity Law Newsletter


If you would like to subscribe to our newsletters please click the link below.

Subscribe

Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email