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

CS v FB


In this case, Mostyn J was confronted by what to do where it appeared that one of the parties to proceedings between parents concerning a child lacked capacity to conduct… Read more »

CategoryMental capacity - Litigation, Family (private law) Date

TB v KB and LH (Capacity to Conduct Proceedings)


Summary In this case Macdonald J had cause to consider the phenomenon of executive dysfunction in the context of the question of capacity to conduct proceedings both before the Court… Read more »

CategoryMental capacity - Litigation Date

DM v Dorset County Council


Summary[1] This is a (relatively) rare decision about capacity to conduct proceedings.  It concerns an application for permission to appeal a determination of HHJ Dancey that a man, DM, lacked… Read more »

CategoryCOP jurisdiction and powers - Interface with inherent jurisdiction, Mental capacity - Litigation Date

Mr & Mrs Z v Kent County Council


Summary This case concerned a wide range of issues in the context of family proceedings which had gone badly wrong, of which for present purposes the most relevant is the issue… Read more »

CategoryMental capacity - Litigation, Family (public law) Date

London Borough of Brent v (1) SL (by her litigation friend, the Official Solicitor) (2) NL


Summary This case concerned SL, a 60 year old woman with a diagnosis of schizophrenia and obsessive compulsive disorder. The central issue in this case was whether SL had capacity… Read more »

CategoryMental capacity - Litigation Date

PI v West London Mental Health NHS Trust


Summary How should the First-tier Tribunal (Mental Health) react when, during the course of a tribunal hearing, it appears that the patient no longer has capacity to appoint or instruct… Read more »

CategoryMental capacity - Litigation Date

Evesham and Pershore Housing Association Ltd v Werrett


In this civil case the judge was faced with the defendant’s application for permission to appeal and, if granted, the appeal from a decision that the defendant had capacity to litigate.

CategoryMental capacity - Litigation Date

YA v CNWL NHS Trust & Ors


Summary In a decision which is important not merely for practitioners before the First Tier Tribunal (Mental Health), but also for those acting for P (or protected parties) before the… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - Deprivation of liberty, Mental capacity - Litigation Date

Dunhill v Burgin (Nos 1 & 2)


Summary: Ms Dunhill sought to have a compromise agreement into which she had entered declared void due to her having lacked litigation capacity at the time it was agreed. She… Read more »

CategoryMental capacity - Litigation Date

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