Re Q

Mental Capacity Law Cases

Re Q


Summary Q was a 50 year old woman with longstanding bulimia nervosa, and diagnoses of various mental health disorders including EUPD and recurrent depression, arising from childhood sexual abuse and… Read more »

CategoryBest interests - Medical treatment, Mental Health Act 1983 - Interface with MCA, Best interests, Medical treatment, Mental Health Act 1983, advanced decisions Date

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 »

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

Liverpool City Council v CMW


Summary In this case, Sir Mark Hedley had to consider whether a woman, CMW, who had recently turned 18 had capacity to make certain decisions in seven specific areas: the… Read more »

CategoryMedical treatment, Medical Treatment - Assessing capacity 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 »

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

University Hospital Birmingham NHS Foundation Trust v AI & K


Summary In this case, the Trust sought a declaration from Hayden J that it was lawful and in AI’s best interests to discontinue any further attempts to provide dialysis. AI… Read more »

CategoryMedical treatment - Treatment withdrawal, Medical treatment 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 »

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

A Midlands NHS Trust v RD & Ors


Summary RD concerned a 37-year-old woman suffering from an extremely serious and debilitating condition, anorexia nervosa, since the age of 13. The NHS Trust sought declarations that: RD lacked capacity… Read more »

CategoryDeputies - Financial and property affairs, Medical treatment - Treatment withdrawal, Deputies, Medical treatment Date

An NHS Trust v XB & Ors


Summary Theis J has further emphasised the thinness of the legal ice for professionals seeking to administer medication covertly.  The case concerned a man, XB, detained at a high security… Read more »

CategoryPractice and procedure - Other, Medical treatment, Practice and procedure Date

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