B v A Local Authority

Mental Capacity Law Cases

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

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

Shakulina & Ors v Russia


Summary This case concerned six Russians who had been deprived of their capacity; four complained of serious irregularities in the court proceedings whereby they had been deprived of their legal… Read more »

CategoryMental capacity - Assessing capacity, Article 5 ECHR - Deprivation of liberty Date

Re S (Child as parent: Adoption: Consent)


Summary We briefly mention this decision because it is the first time MCA-concepts and language have been expressly endorsed and adopted when assessing the Gillick competence. In short, S was… Read more »

CategoryMental capacity - Assessing capacity Date

Keywords


Sign up to our Mental Capacity Law Newsletter


    Before submitting this form please read and agree to our Privacy Notice. Form submissions will only be held for 24 hours, after which they will be automatically deleted.
  • This field is for validation purposes and should be left unchanged.

Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email