A Local Authority v SY

Mental Capacity Law Cases

A Local Authority v SY


Summary: SY was a 19 year old woman with mild to moderate learning disability who was extremely vulnerable. A young man from Pakistan, TK, entered the country on a student… Read more »

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

A NHS Trust v. Dr A


Summary: An Iranian doctor, Dr A, went on hunger strike to recover his passport which had been confiscated by the UK Borders Agency following his failed claims for asylum. A… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction Date

XCC v AA & Others


Summary: DD, a British citizen, had severe learning disabilities, little language, very little comprehension of anything other than simple matters, and required assistance with almost every aspect of daily living…. Read more »

CategoryMental capacity - Marriage, Mental capacity - Sexual relations, COP jurisdiction and powers - Interface with inherent jurisdiction Date

DL v A Local Authority & Others


Summary: The Court of Appeal had to decide whether a ‘jurisdictional hinterland’ existed outside the borders of the Mental Capacity Act 2005 (‘MCA’) to deal with ‘vulnerable adults’. The assumed… Read more »

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

In the matter of RB (Adult) (No 4)


Summary: In this case Munby LJ set out guidance in relation to the publication of judgments in cases heard under the inherent jurisdiction in the Family Division of the High… Read more »

CategoryMedia - Court reporting, COP jurisdiction and powers - Interface with inherent jurisdiction Date

A Local Authority v DL


Summary: This is the second decision in the case of DL, which readers may recall concerned an ex parte application by a local authority under the inherent jurisdiction seeking orders… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction Date

PM v KH & HM


Summary: This case represents a further iteration in a sequence of judgments that rivals, if not exceeds, those in G v E for the breadth of issues covered. We have… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction, COP jurisdiction and powers - Contempt of Court Date

A Local Authority v DL, RL & ML


Summary: The President has very recently given interesting and useful guidance for local authorities as to what steps might be appropriate where safeguarding concerns exist in relation to adults who… Read more »

CategoryArticle 8 ECHR - Safeguarding, COP jurisdiction and powers - Interface with inherent jurisdiction, Practice and procedure - Without notice applications Date

LBL v RYJ & VJ


Summary: This case represents something of a cautionary tale regarding the requirement to ensure that evidence as to capacity is cogent, and also further clarification upon the scope of the… Read more »

CategoryMental capacity - Assessing capacity, Deputies - Financial and property affairs, COP jurisdiction and powers - Interface with inherent jurisdiction Date

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