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

Mental Capacity Law Cases

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

D (A Child) (Deprivation of Liberty)


Summary of D (A Child) (Deprivation of Liberty) This case concerns the question of the application of the ‘acid test’ to those under 16.   D, the child at the centre of… Read more »

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

NCC v PB & TB


Summary: This decision of Parker J was handed down in March, but only appeared on Bailii in the second week of July 2014. It contains an important analysis of the… Read more »

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

LB Redbridge v G, C & F


Summary: This case (the subject of a rather alarmist article whilst ongoing, which we will deliberately not link to as we have now have the full facts) relates to the… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction Date

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