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


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


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