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Mental Capacity Law Cases
Guy’s and St Thomas’ NHS Foundation Trust v X
Summary This case concerned the obstetric care and delivery of X, a young woman who had a number of different mental health diagnosis including bipolar disorder, schizoaffective disorder and personality… Read more »
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 »
RB Greenwich v CDM
Summary[1] CDM was a 64 year old woman with a range of diagnosed personality disorders and physical health problems who was deprived of her liberty against her wishes in a… 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 »
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