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Cases
News, Blogs & Articles
Mental Capacity Law Cases
Hughes v Pritchard, Hughes and Hughes
In Hughes v Pritchard and Ors [2022] EWCA Civ 386, the Court of Appeal allowed the appeal of the Claimant in a probate action, whose claim to prove the Will… Read more »
E & F (Minors: Blood Transfusion)
How should the Court exercise its power to overrule the decision of a competent minor? Summary In E & F (Minors: Blood Transfusions), the Court of Appeal considered appeals brought… Read more »
MM v A City Council
Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… Read more »
A Local Authority v JB
Summary The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and has done so in… Read more »
Re ZK (No.2)
Summary This case is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of capacity and the revisiting of best interests decisions. … Read more »
CA v A Local Authority & Anor
Summary In CA v A Local Authority & Anor [2021] EW Misc 26 (CC), HHJ Davies had to consider whether CA had capacity to make decisions in relation to her… Read more »
A Local Authority v P and A CCG
Summary[1] A 24-year-old with learning disability, autistic traits and mood disorder was sharing a flat with two residents and at significant risks arising from contact with others. Having been sexually… Read more »
A NHS Foundation Trust v An Expectant Mother
Summary This case, which has attracted considerable discussion, concerned an expectant woman, aged 21 with what was described as severe agoraphobia. She had only left her house on a handful… Read more »
Re DY
Summary When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question confronting Knowles J in this case. DY had just… Read more »
A Mental Health Trust v ER and An NHS Foundation Trust
Summary In this case, Lieven J considered the capacity and best interests of ER, a 49-year-old woman with a diagnosis of anorexia. ER’s personal history with eating disorders had been… Read more »
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