A Mental Health Trust v ER and An NHS Foundation Trust

Mental Capacity Law Cases

A Mental Health Trust v ER and An NHS Foundation Trust

Summary In this case, Lieven J considered the capacity and best interests of ER, a 49-year-old woman with a diagnosis of anorexia. ER’s personal history with eating disorders had been… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Litigation, Best interests, Mental capacity Date

A Local Authority v M, F, A and B

These family proceedings considered whether two young children should be placed in long-term foster care or for adoption. But we cover it because useful lessons were identified which can be… Read more »

CategoryOther proceedings, Family (public law), Mental capacity - Litigation, Practice and procedure - MCA tools, Mental capacity, Practice and procedure 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


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


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