HD (Capacity to Engage in Sexual Relations)

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 »

CategoryMental capacity - Sexual relations, Mental capacity Date

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 »

CategoryMental capacity - Litigation, Practice and procedure - MCA tools, Mental capacity, Practice and procedure, Other proceedings, Family (public law) Date

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 »

CategoryMental capacity - Marriage, Mental capacity Date

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 »

CategoryBest interests - Medical treatment, Mental capacity - Marriage, Mental capacity - Sexual relations, Mental capacity - Contact, Medical treatment - Deprivation of liberty, Best interests, Medical treatment, Mental capacity Date

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 »

CategoryMental capacity - Sexual relations, COP jurisdiction and powers - Contempt of Court, COP jurisdiction and powers, Mental capacity Date

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 »

CategoryMental capacity - Assessing capacity, Mental capacity Date

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 »

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

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 »

CategoryMental capacity - Education, Mental capacity, care Date

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

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 »

CategoryMental capacity - Assessing capacity, Mental capacity - Litigation, Mental capacity - Finance, Mental capacity, Other proceedings, Other proceedings - Civil Date

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