Re SF (Injunctive Relief)

Mental Capacity Law Cases

Re SF (Injunctive Relief)


Summary   In Re SF (Injunctions) [2020] EWCOP 19, Keehan J was concerned with a young woman, SF, who had a diagnosis of Autism Spectrum Disorder and also had learning… Read more »

CategoryCOP jurisdiction and powers, COP Jurisdiction and powers - Injunctions Date

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

Re Various applications concerning foreign representative powers


Summary In this case, Senior Judge Hilder has returned to the somewhat complex issues that arise where an attorney seeks to use a power of representation granted in a foreign… Read more »

CategoryCOP jurisdiction and powers - International jurisdiction 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

DXW v PXL


Summary In this case P suffered serious brain injuries whilst at work. These left him with severe cognitive and executive impairments. Apart from lacking litigation capacity, the evidence was clear… Read more »

CategoryBest interests - Property and affairs, - Interface with civil proceedings Date

DL v LB Enfield


Summary In this case, a local authority respondent sought to challenge the jurisdiction of the Court of Protection in relation to s.21A applications, “to challenge what might colloquially be called… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, COP jurisdiction and powers - International jurisdiction 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

BP v LB Harrow


Summary[1] This was a s.21A MCA 2005 application made on behalf of “P” who objected to being in a care home. He wanted to return to the family home, where… Read more »

CategoryCOP jurisdiction and powers - Costs 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

North Yorkshire County Council v George Elliot


Summary Mr Elliott was the subject of a sexual harm prevention order preventing him from having contact with children under 16.  In circumstances that are not described in the judgment,… Read more »

CategoryCOP jurisdiction and powers - Contempt of Court Date

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