A Healthcare, B NHS Trust v CC

Mental Capacity Law Cases

A Healthcare, B NHS Trust v CC


Summary This case concerned a 34-year-old man (‘CC’) with psychotic depression, mixed personality disorder who was deaf, had diabetes and was detained under s.3 of the Mental Health Act 1983…. Read more »

CategoryMental Health Act 1983 - Interface with MCA, COP jurisdiction and powers - Interface with inherent jurisdiction, COP jurisdiction and powers, Mental Health Act 1983, Mental Health Act 1983 - Treatment for mental disorder Date

Redcar & Cleveland Borough Council v PR (No 2)


Summary This is the costs judgment arising from the substantive judgment in Redcar & Cleveland Borough Council v PR & Ors [2019] EWHC 2305, concerned with a 32 year old… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction, COP jurisdiction and powers Date

London Borough of Croydon v CD


Summary The local authority brought a case before the court seeking orders to enable them to provide care to CD for his own protection. CD was not present at the… Read more »

CategoryMental capacity - Assessing capacity, COP jurisdiction and powers - Interface with inherent jurisdiction, Mental capacity Date

A City Council v LS, RE and KS (A Child)


Summary The issue in this case was whether the High Court had power under its inherent jurisdiction to authorise the deprivation of liberty of a 17-year-old who was at grave… Read more »

CategoryArticle 5 ECHR - Children and young persons, COP jurisdiction and powers - Interface with inherent jurisdiction Date

Southend-on-Sea Borough Council v Meyers


Summary[1] This is the follow up to the permission decision of Baker LJ reported as Re BF, and represents the substantive hearing of the application before Hayden J for declarations… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, COP jurisdiction and powers - Interface with inherent jurisdiction Date

DM v Dorset County Council


Summary[1] This is a (relatively) rare decision about capacity to conduct proceedings.  It concerns an application for permission to appeal a determination of HHJ Dancey that a man, DM, lacked… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction, Mental capacity - Litigation Date

A Local Authority v BF


Summary This case was an application for permission to appeal from an interim judgment of Hayden J concerning the difficult question of the nature and reach of the inherent jurisdiction… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, COP jurisdiction and powers - Interface with inherent jurisdiction Date

Whittaker v Hancock


The case provides clarification of the application of s.50 of the Administration of Justice Act 1985 (“the 1985 Act”) – the power of the High Court to substitute or remove… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction, Chancery Date

Re T (A Child)


The issue in this appeal was whether a lack of valid consent was a pre-requisite to the exercise of the inherent jurisdiction authorising the restriction of the liberty of a… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, COP jurisdiction and powers - Interface with inherent jurisdiction Date

LB Wandsworth v M & Ors


Summary In LB Wandsworth v M & Ors, Hayden J was faced with a significant problem in relation to a child about to turn 18.  The solution that he adopted,… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction, Medical treatment - Treatment withdrawal Date

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