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Mental Capacity Law Cases
HD (Capacity to Engage in Sexual Relations)
In HD Cobb J has grappled with the impact of the Court of Appeal’s decision in Re JB [2020] EWCA Civ 735, in which the Court of Appeal had made clear that the… Read more »
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 »
NB v MI
Summary In this case Mostyn J considered – and refused – an application for a declaration under the inherent jurisdiction that NB’s Pakistani marriage to her husband MI was not… Read more »
AMDC v AG and CI (No. 2)
Summary These proceedings involve the development of a relationship between two care home residents. In light of the interim judgment, which we covered at [2020] EWCOP 58, the matter was… Read more »
Griffith v P (By Her Litigation Friend the Official Solicitor)
The Court of Appeal has had little hesitation dismissing ([2020] EWCA Civ 1675) the appeal by Dahlia Griffith against her conviction and sentence of imprisonment for contempt, on which we reported… Read more »
AMDC v AG & Anor
This decision serves as an important reminder of how demanding the process of assessing and reporting upon capacity is – or should be. The case concerned a 68 year old woman,… Read more »
University Hospitals of Leicester NHS Trust v TC & Ors
In this case, Cobb J was required to consider an urgent application for a best interests decision with respect to carrying out chemoradiotherapy and an endoscopic resection and/or tracheostomy (as… Read more »
A Local Authority v GP (Capacity – Care, Support and Education)
In this case, HHJ Dodd helpfully turned the eye of Sauron onto three areas of capacity that have not previously been the subject of judicial consideration. The court had to… Read more »
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 »
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 »
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