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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 »
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 »
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 »
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 »
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 »
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 »
GSTT & SLAM v R
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 »
Re QJ
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 »
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 »
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 »
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