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Mental Capacity Law Cases
United Lincolnshire Hospital NHS Trust v CD
Summary[1] Francis J has grappled with a subject that has been perennially difficult for practitioners: what to do where a person currently has capacity to make a relevant decision but… Read more »
PBU and NJE v Mental Health Tribunal
Summary This significant judgment of the Supreme Court of Victoria, Australia, concerned two patients for whom electro-convulsive therapy (‘ECT’) was proposed. PBU did not agree that he had schizophrenia but… Read more »
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 »
Connolly v Croydon Health Services NHS Trust
Mrs Connolly (‘Mrs C’) brought a clinical negligence action against the Defendant NHS Trust for damages for personal injuries and consequential loss following a diagnostic procedure, an angiogram. The Claimant… Read more »
Montgomery v Lanarkshire Health Board
Summary of Montgomery v Lanarkshire Health Board This Supreme Court judgment is required reading for all medical professionals, because the Supreme Court has made clear that the doctrine of informed consent… Read more »
Re E ( N and S v E v M and ors)
In Re E (N and S v E v M and ors) [2014] EWCOP 27, a case primarily concerned with the incidence of costs in a ‘mixed’ property and affairs… Read more »
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 »
Heart of England NHS Foundation Trust v JB
Summary: JB had suffered from paranoid schizophrenia for some time, and was also afflicted by many physical health problems including hypertension, poorly controlled insulin-dependent type II diabetes, diabetic retinopathy and… Read more »
Re SB
Summary: The central issue in this case was whether the mother (P) had the capacity to decide to terminate her pregnancy at the twenty-third week of its term. P was… Read more »
Aintree University Hospitals NHS Foundation Trust v James & Ors
Summary: The Court of Appeal has provided the reasons for its decision before Christmas that the first instance judge had been wrong to refuse to make declarations sought by the… Read more »
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