London Borough of Croydon v CD

Mental Capacity Law Cases

London Borough of Croydon v CD


Summary The local authority brought a case before the court seeking orders to enable them to provide care to CD for his own protection. CD was not present at the… Read more »

CategoryMental capacity - Assessing capacity, COP jurisdiction and powers - Interface with inherent jurisdiction, Mental capacity Date

B v A Local Authority


Summary The Court of Appeal has made both general and specific observations about the assessment of mental capacity in determining the appeal/cross-appeal against the decision of Cobb J in Re… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Sexual relations, Mental capacity - Residence, Social Media Date

PBM v TGT & X Local Authority


Summary This case concerned the questions of capacity to marry, enter into a prenuptial agreement and also disclosure of the extent of assets managed by a property and affairs deputy. … Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Marriage, Mental capacity - Finance Date

CB v Medway Council & Anor


Summary This unusual appeal against dismissal of a s.21A application clarifies the (very limited) circumstances under which it could ever been appropriate to dismiss such applications on a summary basis…. Read more »

CategoryMental capacity - Assessing capacity, Article 5 ECHR - DOLS authorisations, Mental capacity - Contact, Mental capacity - Residence, Social Media Date

Re A (Capacity: Social Media and Internet Use: Best Interests); Re B(Capacity: Social Media: Care and Contact)


Summary[1] In two linked judgments, Cobb J has outlined the relevant, and irrelevant, information for purposes of deciding whether a person has capacity to make decisions about internet and social… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Residence, Social Media Date

RB Greenwich v CDM


Summary[1] CDM was a 64 year old woman with a range of diagnosed personality disorders and physical health problems who was deprived of her liberty against her wishes in a… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Medical treatment, care Date

A Local Authority v H


Summary This is the latest judgment concerning the life of H, for whom protective orders were previously made when she was 29 years old: A LA v H [2012] EWHC… Read more »

CategoryMental capacity - Assessing capacity, COP jurisdiction and powers - International jurisdiction, Mental capacity, Safeguarding Date

PBU and NJE v Mental Health Tribunal


Summary This significant judgment of the Supreme Court of Victoria, Australia, concerned two patients for whom electro-convulsive therapy (‘ECT’) was proposed. PBU did not agree that he had schizophrenia but… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Medical treatment, CRPD Date

Re FX


Summary This interesting decision from last year which recently appeared on Bailii is the first reported decision where consideration has been given to questions of capacity in the context of… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Residence, Inherent jurisdiction, care Date

RB Greenwich v CDM


Summary This case concerned a 63 year old woman with a diagnosis of personality disorder and poorly controlled diabetes.[1]            While there was a dispute between the applicant local authority and… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Residence, Inherent jurisdiction, care Date

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