D (A Child) (Deprivation of Liberty)

Mental Capacity Law Cases

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

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

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