Northamptonshire Healthcare NHS Foundation Trust v AB

Mental Capacity Law Cases

Northamptonshire Healthcare NHS Foundation Trust v AB


Summary This case concerned a 28 year old woman, referred to as AB, who had suffered from anorexia nervosa since the age of 13.  At the time of the application… Read more »

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

University Hospital Coventry and Warwickshire NHS Trust v K and Mrs W


In Avon and Wiltshire Mental Health Partnership v WA & Anor [2020] EWCOP 37, Hayden J had to consider the capacity of a young Palestinian man to make decisions about… Read more »

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

A Clinical Commissioning Group v AF


Summary This case concerned AF, a man in his mid seventies who following a stroke in May 2016 was receiving Clinically Assisted Nutrition and Hydration (‘CANH’) via a PEG. The… Read more »

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

GSTT & SLAM v R


In this case, Hayden J has come back to the extremely thorny question of what the court is meant to do where it is confronted with the position that the… Read more »

CategoryMental capacity - Medical treatment, Mental capacity, Mental capacity - Fluctuating capacity Date

Re QJ


In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular dementia challenging a DoLS authorisation under s.21A.  The man was,… Read more »

CategoryBest interests - Medical treatment, Article 5 ECHR - Children and young persons, Mental capacity - Medical treatment, Article 5 ECHR, Best interests, Mental capacity Date

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 »

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

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 »

CategoryBest interests - Medical treatment, Mental capacity - Medical treatment, Birth arrangements Date

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 »

CategoryMental capacity - Assessing capacity, Mental capacity - Medical treatment, care Date

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 »

CategoryMental capacity - Assessing capacity, Mental capacity - Medical treatment, CRPD Date

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 »

CategoryMental capacity - Assessing capacity, Mental capacity - Medical treatment, Other proceedings - Civil Date

Keywords


Sign up to our Mental Capacity Law Newsletter


If you would like to subscribe to our newsletters please click the link below.

Subscribe

Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email