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Mental Capacity Law Cases
The Health Service Executive of Ireland v IM & Anor
Knowles J has given a helpful summary of the approach to determining whether an adult with impaired decision-making capacity remains habitually resident within England and Wales. The person in… Read more »
Re AB
Summary In this case, Senior Judge Hilder had to grapple with two difficult questions in the context of the Court of Protection’s international jurisdiction. The first was whether she should… Read more »
University College London Hospitals NHS Foundation Trust v MB
In a decision handed down on 9 April 2020, Chamberlain J gave some important observations about the lawfulness of the allocation of scarce hospital resources in University College London Hospitals… Read more »
QD (Habitual Residence) (No.2)
In QD (Habitual Residence) (No.2) [2020] EWCOP 14, Cobb J gave a follow up judgment to that delivered in December 2019. In that judgment, Cobb J decided that the move… Read more »
HSE of Ireland v Moorgate
In The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12, Hayden J considered in some detail the operation of the regime under Schedule 3 MCA 2005 for recognition… Read more »
TD and BS v KD and QD
Summary QD was a man in his 60’s who suffered from dementia connected with an atypical form of Parkinson’s disease. Until September 2019, he was living with his second wife,… Read more »
TD and BS v KD and QD
QD was a man in his 60’s who suffered from dementia connected with an atypical form of Parkinson’s disease. Until September 2019, he was living with his second wife, KD,… Read more »
FT v MM and RM
In this case, Russell J highlighted a real – and problematic – difference between the ability of the English courts to protect adults abroad and children. In 2016 a child… Read more »
Re DB; Re EC
Summary [1] This decision concerns the habitual residence of two people placed by Scottish authorities in hospital in England. For a Scottish perspective on the judgment, see the article by… Read more »
HSE Ireland v PD
Summary Baker J has had cause to consider Re X and Rule 3A on the very first day of the latter’s life. In HSE Ireland v PD [2015] EWCOP 48,… Read more »
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