Re ZK (No.2)

Mental Capacity Law Cases

Re ZK (No.2)


Summary This case is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of capacity and the revisiting of best interests decisions.  … Read more »

CategoryMental capacity, Best interests - Contact, Best interests - Residence, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Mental capacity - Residence, Best interests, Medical treatment Date

Re PW (Jehovah’s Witness: Validity of Advance Decision)


Summary[1] The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment delivered by Poole J in difficult and urgent circumstances,… Read more »

CategoryMedical treatment - Deprivation of liberty, Medical treatment Date

A Local Authority v P and A CCG


Summary[1] A 24-year-old with learning disability, autistic traits and mood disorder was sharing a flat with two residents and at significant risks arising from contact with others. Having been sexually… Read more »

CategoryMedical treatment, Mental capacity, Mental capacity - Contact, Medical treatment - Deprivation of liberty Date

A Local Authority v TA & Ors


Summary The contours of this difficult case were sketched out economically in the opening paragraphs of the judgment: This case concerns the health, welfare, and care of GA, an 87-year-old… Read more »

CategoryBest interests - Contact, Best interests - Residence, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Mental capacity - Residence, Best interests, Medical treatment, Mental capacity Date

AMDC v AG and CI (No. 2)


Summary These proceedings involve the development of a relationship between two care home residents. In light of the interim judgment, which we covered at [2020] EWCOP 58, the matter was… Read more »

CategoryMental capacity, Best interests - Medical treatment, Mental capacity - Marriage, Mental capacity - Sexual relations, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Best interests, Medical treatment Date

A London NHS Trust v KB and A London Local Authority


The Court was asked to determine whether a Caesarean section was in the best interests of KB who suffered a hypoxic brain injury at birth which left her with microcephaly,… Read more »

CategoryMedical treatment - Deprivation of liberty, Best interests, Medical treatment, Best interests - Medical treatment Date

A Local Authority v AW


Summary Characteristically, Cobb J delineated the issue to be decided in this case at the very outset: This judgment does not establish any great or new point of legal principle…. Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Parentage, Mental capacity - Contact Date

A Local Authority in Yorkshire v SF


Summary This case concerned the decision-making capacity of AF, a 45 year old married woman with mild learning disability, type 2 diabetes, depression and frontal lobe dementia.  AF had problems… Read more »

CategoryMental capacity - Contact, Mental capacity Date

Wakefield MDC and Wakefield CCG v DN and MN


Summary[1] DN was a 25 year old man described as having a severe form of autism, a general anxiety disorder and traits of emotionally unstable personality disorder.  He was ‘not… Read more »

CategoryMedical treatment - Deprivation of liberty, Inherent jurisdiction Date

Redcar and Cleveland BC v PR and others


Summary[1] In this case, Cobb J was concerned with a 32 year old woman who had recently been affected by mental health problems which had resulted in admission to hospital… Read more »

CategoryMedical treatment - Deprivation of liberty, Inherent jurisdiction Date

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