Re TWAH

Mental Capacity Law Cases

Re TWAH


 In this case the court considered an application by a trust corporation which was a registered charity (Allied Services Trust), a company limited by guarantee, to be appointed the deputy… Read more »

CategoryDeputies - Financial and property affairs, Best interests - Property and affairs Date

Bashir v Bashir


Summary It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir, Master Clark did so in the context of a complicated… Read more »

CategoryDeputies - Financial and property affairs Date

Re MJL


Summary In 2007, when P was 54, he suffered a cardiac arrest and fell into PVS. He had an estate of over £17 million and no dependents, and was cared… Read more »

CategoryDeputies - Financial and property affairs, Best interests - Property and affairs Date

NKR & Usha Sood v The Thomson Snell and Passmore Trust Corporation Limited


Summary In this case P was a child with cerebral palsy with the consequence that he it was unlikely he would have capacity to manage his property and affairs when… Read more »

CategoryDeputies - Financial and property affairs 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

London Borough of Enfield v Matrix Deputies Limited, DW, OM and the Public Guardian


Summary Senior Judge Hilder in this case decided various further issues arising from the discharge of a large number of deputyships held by Matrix Deputies Limited and its former employees… Read more »

CategoryDeputies - Financial and property affairs Date

Re SH


Senior Judge Hilder in this case reviewed the appointment of office holder deputies in the case of a company set up by a local authority to take over parts of… Read more »

CategoryDeputies - Financial and property affairs Date

Re Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies


Summary In this case Senior Judge Hilder considered and gave guidance in relation to applications on behalf of trust corporations to become property and affairs deputies. The trust corporations in… Read more »

CategoryDeputies - Financial and property affairs Date

Tinsley v Manchester City Council & Ors


Summary We reported on this case at first instance, the facts being found here. The Court of Appeal defined the question before them as “whether a person who has been… Read more »

CategoryDeputies - Financial and property affairs Date

Director of Legal Aid Casework et al v Briggs


Summary The Court of Appeal has overturned the decision of Charles J that he could, within the scope of MCA s.21A proceedings (and hence non-means-tested legal aid), consider whether life-sustaining treatment should… Read more »

CategoryBest interests - Medical treatment, Article 5 ECHR - Deprivation of liberty, Deputies - Financial and property affairs, Article 5 ECHR - DOLS authorisations Date

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