London Borough of Tower Hamlets v A & KF

Mental Capacity Law Cases

London Borough of Tower Hamlets v A & KF

Summary[1] This case was concerned with whether A – a 69 year old woman who had suffered a stroke and been diagnosed with Korsakoff’s dementia – had capacity to make… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Residence, Mental capacity Date

Oxford University Hospitals NHS Foundation Trust v Z

Summary In this case the court considered whether the implantation of an intrauterine device (‘IUD’) into a 22 year old woman against her wishes would be in her best interests. … Read more »

CategoryBest interest - Contraception, Mental Capacity - Contraception 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

A Local Authority in Yorkshire v SF

Summary This case concerned the decision-making capacity of AF, a 45 year old married woman with mild learning disability, type 2 diabetes, depression and frontal lobe dementia.  AF had problems… Read more »

CategoryMental capacity - Contact, Mental capacity Date

Sunderland City Council v AS and Others

Summary This case concerned the capacity of AS, a man on a Community Treatment Order pursuant to the Mental Health Act 1983. AS had a diagnosis of mild learning disability,… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity Date

Re Templeman deceased

Summary In this case one of the children of the late Lord Templeman disputed the validity of his last will, made in 2008. At that time, he was suffering from… Read more »

CategoryMental capacity, Testamentary capacity Date


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


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

Mr Adrian Stuart Mundell v (Name 1)

Summary In this case, Mostyn J was asked to consider at some speed (the proposed marriage being three days hence) whether Name 1 (“X”) lacked capacity to marry Name 2… Read more »

CategoryMental capacity - Marriage Date

A Local Authority v JB

Summary This case was concerned with whether the presumption that a man had capacity to consent to sexual relations had been rebutted. In particular there was a dispute as to… Read more »

CategoryMental capacity - Sexual relations Date


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