Shakulina & Ors v Russia

Mental Capacity Law Cases

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

LB Southwark v KA (Capacity to Marry)


Summary In the London Borough of Southwark v KA & Ors [2016] EWCOP 20 , Parker J had to grapple – again – with the question of whether a young… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Marriage, Mental capacity - Sexual relations Date

WBC v Z and others


Summary This case concerned a 20 year old woman with Aspergers syndrome and an IQ in the range 70-75. In June 2014 the local authority where Z lived issued proceedings… Read more »

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

Kings College NHS Foundation Trust v C and V


Kings College NHS Foundation Trust v C and V [2015] EWCOP 59 (MacDonald J) Mental capacity – assessing capacity – medical treatment Summary [Editorial note: this case has attracted much… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Medical treatment, Other proceedings - Civil Date

Re: BKR


This case, brought to our attention by Terence Seah of Virtus Law and David Lock QC of Landmark Chambers, sheds very interesting light upon the vexed question of the interaction… Read more »

CategoryMental capacity - Assessing capacity Date

Ivinovic v Croatia


Summary These proceedings concerned the removal of legal capacity from an adult who suffered from cerebral palsy and who, it was thought, had begun to make irrational decisions about her… Read more »

CategoryMental capacity - Assessing capacity Date

LBX v K, L, M


Summary: These long-running proceedings began nearly six years ago, the previous judgments being [2010] EWHC 2422, [2011] EWHC 2419, [2012] EWCA Civ 79, [2012] EWHC 439. L was born in… Read more »

CategoryMental capacity - Assessing capacity Date

X v A Local Authority and an NHS Trust


Summary A very intelligent retired lawyer suffered from Korsakoff’s syndrome as a result of excessive alcohol consumption. Having previously been detained in hospital under the Mental Health Act 1983, Mr… Read more »

CategoryMental capacity - Assessing capacity Date

NCC v PB & TB


Summary: This decision of Parker J was handed down in March, but only appeared on Bailii in the second week of July 2014. It contains an important analysis of the… Read more »

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

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