AMDC v AG & Anor

Mental Capacity Law Cases

AMDC v AG & Anor


This decision serves as an important reminder of how demanding the process of assessing and reporting upon capacity is – or should be.   The case concerned a 68 year old woman,… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity Date

King v The Wright Roofing Company Ltd


Summary  In this personal injury case, Kerr J had to decide whether the claimant had capacity to conduct the proceedings, and whether he had capacity to manage his property and… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Litigation, Mental capacity - Finance, Mental capacity, Other proceedings, Other proceedings - Civil 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

London Borough of Tower Hamlets v PB


Summary This decision deals with the thorny question of capacity in the context of alcohol dependence. The central issue was whether PB, a 52 year old man with a history… Read more »

CategoryMental capacity - Assessing capacity Date

A Local Authority v RS


A Local Authority v RS [2020] EWCOP 29 concerned a man in his mid-20s with autism and mild learning disability. As a child he was exposed to domestic and alcohol… Read more »

CategoryMental capacity - Assessing capacity Date

A Local Authority v AB and SB


In A Local Authority v AB and SB [2020] EWCOP 32, a 30-year-old woman with moderate intellectual disability spent most of the week living with her mother, AB, and the… Read more »

CategoryMental capacity - Assessing 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

London Borough of Tower Hamlets v A & KF


Summary[1] This case was concerned with whether A – a 69 year old woman who had suffered a stroke and been diagnosed with Korsakoff’s dementia – had capacity to make… Read more »

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

Sunderland City Council v AS and Others


Summary This case concerned the capacity of AS, a man on a Community Treatment Order pursuant to the Mental Health Act 1983. AS had a diagnosis of mild learning disability,… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity Date

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

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