Griffith v P (By Her Litigation Friend the Official Solicitor)

Mental Capacity Law Cases

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

Re SB (Capacity Assessment)


Summary This case is the sequel to the decision [2020] EWCOP 32 that we reported previously, concerning a 30-year-old woman with moderate intellectual disability.   In May 2020, HHJ Richardson made… Read more »

CategoryMental capacity - Assessing capacity, Medical treatment, 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

London Borough of Tower Hamlets v PB


Summary This decision deals with the thorny question of capacity in the context of alcohol dependence. The central issue was whether PB, a 52 year old man with a history… Read more »

CategoryMental capacity - Assessing capacity Date

A Local Authority v RS


A Local Authority v RS [2020] EWCOP 29 concerned a man in his mid-20s with autism and mild learning disability. As a child he was exposed to domestic and alcohol… Read more »

CategoryMental capacity - Assessing capacity Date

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