PBM v TGT & X Local Authority

Mental Capacity Law Cases

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

Re MB


Summary This case was concerned with the capacity of MB to make decisions about his residence, care and contact arrangements.  It is the culmination of a series of judgments, the… Read more »

CategoryMental capacity - Marriage Date

Re DMM


Summary HHJ Marston QC has answered a question as to the salient information relevant to the capacity to marry that, somewhat surprisingly, had not previously been answered.  The case concerned… Read more »

CategoryMental capacity - Marriage Date

Re PP


Summary In three decisions, published together on Baillii at the end of 2017, District Judge Batten made rulings in relation to LPAs concerning PP. In the first of the decisions,… Read more »

CategoryMental capacity - Marriage, Lasting Powers of Attorney - Revocation 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

Luton Borough Council v (1) SB (2) RS (by his litigation friend, the Official Solicitor)


Summary RS was a 25 year old man with an intellectual disability and autism spectrum disorder. He lived with his mother (SB) and six of his seven siblings. Proceedings were… Read more »

CategoryMental capacity - Marriage Date

A Local Authority v SY


Summary: SY was a 19 year old woman with mild to moderate learning disability who was extremely vulnerable. A young man from Pakistan, TK, entered the country on a student… Read more »

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

R(Muhammad) v SSHD (and two linked cases)


Summary: These three – linked – applications for interim relief in judicial review proceedings contain an interesting (if glancing) discussion of the width of the category of those falling within… Read more »

CategoryMental capacity - Marriage Date

Sandwell Metropolitan Borough Council v RG & Ors


Summary: This case concerned two brothers, GG (aged 39) and RG (aged 38), with moderate learning difficulties. By the end of the final hearing all parties accepted the expert evidence… Read more »

CategoryMental capacity - Marriage Date

Children Rights Alliance For England v SS For Justice


Summary: This case concerned an application for judicial review of the refusal of the Secretary of State to provide information about the illegal use of restraint techniques on children who… Read more »

CategoryPractice and procedure - Other, Mental capacity - Marriage Date

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