King v The Wright Roofing Company Ltd

Mental Capacity Law Cases

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

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

ET v JP and others


Summary In this case Morgan J had to consider the proper interpretation of section 1(3) Variation of Trusts Act 1958. The issue was whether the High Court could approve a… Read more »

CategoryMental capacity - Finance, - Interface with civil proceedings Date

DB (as executor of the estate of OE) v SSWP and Birmingham CC


Summary   In DB (as executor of the estate of OE) v SSWP and Birmingham CC (SPC), Upper Tribunal Judge Mitchell took the opportunity to express some views on the… Read more »

CategoryMental capacity - Finance Date

Aster Healthcare Limited v The Estate of Mr Mohammed Shafi


We have previously reported upon the first instance judgment in this case [2014] EWHC 77 (QB)) was reported on in the edition of our newsletter.  In this appeal against the… Read more »

CategoryMental capacity - Finance Date

Jubair Ali (A Protected Party,by Jabid Ali his Father and Litigation Friend) v (1) David Graham Caton (2) Motor Insurers’ Bureau


Short Note In Jubair Ali v (1) David Graham Caton (2) Motor Insurers’ Bureau [2014] EWCA Civ 1313, the Court of Appeal considered an appeal against an award made in… Read more »

CategoryMental capacity - Finance Date

Wandsworth CCG v IA & TA


Summary: This case is a model of the approach to the assessment of the capacity to decide as to (1) ongoing medical treatment; (2) future residence and care; and (2)… Read more »

CategoryMental capacity - Finance, Mental capacity - Medical treatment, Mental capacity - Residence Date

A County Council v MS & RS


Summary: MS was a Mormon. He was also mentally unwell and his property and affairs were managed by his local authority as his deputy. He wished to tithe 10% of… Read more »

CategoryMental capacity - Finance Date

Simon v Byford


Summary: This is the appeal from the decision of Nicholas Strauss QC that we covered last year in the newsletter. In summary, one of the sons (‘R’) of a Mrs… Read more »

CategoryMental capacity - Finance Date

Bray v Pearce


With thanks to Martyn Frost for bringing this to our attention (and Constance McDonnell for confirming certain points), we note this further case relating (inter alia) to the question of… Read more »

CategoryMental capacity - Finance Date

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