A Local Authority v JB

Mental Capacity Law Cases

A Local Authority v JB

Summary The Court of Appeal has made clear that we have been asking the wrong question in relation to sexual relations.   The issue arose in the context of proceedings concerning… Read more »

CategoryMental capacity - Sexual relations Date

A Local Authority v AB and SB

In A Local Authority v AB and SB [2020] EWCOP 32, a 30-year-old woman with moderate intellectual disability spent most of the week living with her mother, AB, and the… Read more »

CategoryMental capacity - Assessing capacity Date


In this case, Mostyn J was confronted by what to do where it appeared that one of the parties to proceedings between parents concerning a child lacked capacity to conduct… Read more »

CategoryMental capacity - Litigation, Family (private law) Date

A Local Authority v AW

Summary Characteristically, Cobb J delineated the issue to be decided in this case at the very outset: This judgment does not establish any great or new point of legal principle…. Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Parentage, Mental capacity - Contact Date

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


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