R (Morahan) v Her Majesty’s Assistant Coroner for West London

Mental Capacity Law Cases

R (Morahan) v Her Majesty’s Assistant Coroner for West London


Summary Tanya Morahan was aged 34 when she died of cocaine and morphine toxicity. Over the preceding 10 years she experienced mental illness and was diagnosed with paranoid schizophrenia. On… Read more »

CategoryMental Health Act 1983 - Interface with MCA, Mental Health Act 1983, Other proceedings, Other proceedings - Civil Date

AR v West London NHS Trust and the Secretary of State for Justice


AR had been detained under ss.37/41 MHA 1983 since 1993. The tribunal refused his application for the hearing to be in public. The issues were (a) AR’s capacity; and (b)… Read more »

CategoryMental Health Act 1983 - Interface with MCA, Mental Health Act 1983 Date

A Healthcare, B NHS Trust v CC


Summary This case concerned a 34-year-old man (‘CC’) with psychotic depression, mixed personality disorder who was deaf, had diabetes and was detained under s.3 of the Mental Health Act 1983…. Read more »

CategoryMental Health Act 1983 - Interface with MCA, COP jurisdiction and powers - Interface with inherent jurisdiction, COP jurisdiction and powers, Mental Health Act 1983, Mental Health Act 1983 - Treatment for mental disorder Date

JK v A Local Health Board


Summary In this case, Lieven J had to grapple with the intersection between the MCA, the MHA and the inherent jurisdiction in addressing the question of whether it would be… Read more »

CategoryMental Health Act 1983 - Interface with MCA, Mental Health Act 1983, Medical Treatment - Advanced decisions Date

Birmingham CC v SR; Lancashire CC v JTA


Summary Two local authorities made streamlined Re X applications on COPDOL11 forms to authorise the deprivation of liberty of two individuals who were either about to be (SR), or had… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Article 5 ECHR - DOLS Ineligibility, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

M v ABM University Health Board


Summary With the Legal Aid Agency having taken more than a year to determine the patient’s funding application, this appeal finally reached the Upper Tribunal to consider the disclosure of… Read more »

CategoryMental Health Act 1983 - Interface with MCA Date

Djaba v West London MH Trust and others


Summary Since 2014, Mr Djaba had been accommodated in a “super seclusion suite” at Broadmoor under a restricted hospital order (Mental Health Act 1983 ss37/41). Built entirely for his confinement,… Read more »

CategoryArticle 8 ECHR - Contact, Article 5 ECHR - Deprivation of liberty, Mental Health Act 1983 - Interface with MCA Date

Secretary of State for Justice v MM; Welsh Ministers v PJ


Summary This long-awaited decision considers the fall-out of Cheshire West in relation to conditional discharges (‘MM’) and community treatment orders (‘PJ’) under the Mental Health Act 1983. The appeals proceeded… Read more »

CategoryArticle 5 ECHR - DOLS authorisations, Mental Health Act 1983 - Interface with MCA, Mental Health Act 1983 - Conditional Discharge Date

Betsi Cadwaladr University Local Health Board v Miss W


Summary The potential tragedy in this case is summed up in its final paragraph: I know that W understandably considers that she has in some way failed. I certainly do… Read more »

CategoryBest interests - Medical treatment, Mental Health Act 1983 - Interface with MCA Date

A Hospital NHS Trust v (1) CD (2) A Mental Health Trust


Summary The issue in this case was whether it was in the best interests of a 43 year old woman, CD, who suffered from paranoid schizophrenia to have a total… Read more »

CategoryBest interests - Medical treatment, Mental Health Act 1983 - Interface with MCA Date

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