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

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

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

A Local Authority v H


Summary This is the latest judgment concerning the life of H, for whom protective orders were previously made when she was 29 years old: A LA v H [2012] EWHC… Read more »

CategoryMental capacity - Assessing capacity, COP jurisdiction and powers - International jurisdiction, Mental capacity, Safeguarding 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

EXB v FDZ


Summary[1] In this personal injury case, Foskett J had to grapple with a question that has apparently never been considered (or, more likely, never been the subject of a reported… Read more »

CategoryDeputies - Financial and property affairs, - Interface with civil proceedings 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 Hounslow v A Father and A Mother


Summary The sound of toys leaving the judicial pram at high speed can be heard when reading the judgment in this decision on costs from DJ Eldergill, arising out of… Read more »

CategoryCOP jurisdiction and powers - Costs Date

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