Mr Adrian Stuart Mundell v (Name 1)

Mental Capacity Law Cases

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

Guy’s and St Thomas’ NHS Foundation Trust v X


Summary This case concerned the obstetric care and delivery of X, a young woman who had a number of different mental health diagnosis including bipolar disorder, schizoaffective disorder and personality… Read more »

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

London Borough of Croydon v CD


Summary The local authority brought a case before the court seeking orders to enable them to provide care to CD for his own protection. CD was not present at the… Read more »

CategoryMental capacity - Assessing capacity, COP jurisdiction and powers - Interface with inherent jurisdiction, Mental capacity Date

LB Tower Hamlets v NB & AU


Summary Hayden J has made further observations about the test for capacity to consent to sexual relations.  We use the term “observations” advisedly, because his judgment does not, in fact,… Read more »

CategoryMental capacity - Sexual relations Date

United Lincolnshire Hospital NHS Trust v CD


Summary[1] Francis J has grappled with a subject that has been perennially difficult for practitioners: what to do where a person currently has capacity to make a relevant decision but… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Medical treatment, Birth arrangements Date

B v A Local Authority


Summary The Court of Appeal has made both general and specific observations about the assessment of mental capacity in determining the appeal/cross-appeal against the decision of Cobb J in Re… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Sexual relations, Mental capacity - Residence, Social Media Date

Re NB (Consent to Sex)


The judgment in Re NB [2019] EWCOP 17 concerns a hearing on 7 May 2019 at which Hayden J considered the position of a married couple where doubts had been… Read more »

CategoryMental capacity - Sexual relations Date

TB v KB and LH (Capacity to Conduct Proceedings)


Summary In this case Macdonald J had cause to consider the phenomenon of executive dysfunction in the context of the question of capacity to conduct proceedings both before the Court… Read more »

CategoryMental capacity - Litigation Date

LB Hackney v SJF


Summary This case concerned the care and residence of a 56 year old woman with significant physical health problems as well as schizophrenia and a learning disability.  She had lived… Read more »

CategoryBest interests - Residence, Mental capacity - Contact, Mental capacity - Residence Date

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