University Hospital Birmingham NHS Foundation Trust v AI & K

Mental Capacity Law Cases

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

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 »

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

Birmingham Women’s and Children’s NHS Foundation Trust v JB


Summary[1] In Birmingham Women’s and Children’s NHS Foundation Trust v JB [2020] EWHC 2595 (Fam), Hayden J provided an important clarification regarding MacDonald J’s judgment in Barts Health NHS Trust… Read more »

CategoryBest interests - Medical treatment, Deputies - Financial and property affairs, Medical treatment - Treatment withdrawal, Best interests, Deputies, Medical treatment Date

Re SB (Capacity Assessment)


Summary This case is the sequel to the decision [2020] EWCOP 32 that we reported previously, concerning a 30-year-old woman with moderate intellectual disability.   In May 2020, HHJ Richardson made… Read more »

CategoryMental capacity - Assessing capacity, Medical treatment, Mental capacity 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

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