R (Maguire) v Her Majesty’s Senior Coroner for Blackpool and Fylde

Mental Capacity Law Cases

R (Maguire) v Her Majesty’s Senior Coroner for Blackpool and Fylde


Summary This was a judicial review brought in respect of the decision of the coroner investigating the death of a 52 year old woman, Jacqueline (Jackie) Morgan that Article 2… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Other proceedings - Civil Date

Esegbona v King’s College NHS Trust


Summary[1] This case concerned a disastrous failure to follow the principles of the MCA in relation to the discharge from hospital of a seriously ill 68 year old woman.  Mrs… Read more »

CategoryOther proceedings - Civil Date

Griffiths v Chief Constable of Suffolk


Summary Ouseley J has examined whether a claim in negligence following a murder committed by an individual whom a mental health trust failed to detain under the MHA could succeed…. Read more »

CategoryOther proceedings - Civil Date

Flora Keays by her litigation friend Sara Keays v The executors of the estate of the late Right Honourable Cecil, Baron Parkinson


Summary Flora Keays is the adult child of the late Cecil Parkinson and Sara is her mother. Whilst a child, Sara obtained a maintenance order against Cecil Parkinson in the… Read more »

CategoryOther proceedings - Civil, Other Date

Penn v Revill


Summary In this case, Dingemans J was asked to consider whether the provisions of CPR 21.10 are incompatible with the rights protected by article 14 of the European Convention on… Read more »

CategoryOther proceedings - Civil Date

AP v Tameside MBC


Summary Those acting for the claimant sought declaratory relief and damages of between £100,000 and £150,000 for breaches of Articles 5 and 8 for a period of 30 months’ unlawful… Read more »

CategoryArticle 5 ECHR - Damages, Other proceedings - Civil Date

OH v Craven


Summary This case is obligatory reading for anyone involved in a case where it is envisaged that there will be a personal injury exceeding £1m. It involved one case where… Read more »

CategoryOther proceedings - Civil Date

Kings College NHS Foundation Trust v C and V


Kings College NHS Foundation Trust v C and V [2015] EWCOP 59 (MacDonald J) Mental capacity – assessing capacity – medical treatment Summary [Editorial note: this case has attracted much… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Medical treatment, Other proceedings - Civil Date

Elaine Winspear v City Hospitals Sunderland NHS Foundation Trust


Summary Facts Carl Winspear was twenty-eight years old when he died shortly after 11.00 pm on the 3 January 2011. He had suffered all his life from cerebral palsy, epilepsy,… Read more »

CategoryOther proceedings - Civil Date

Dunnage v Randall UK Insurance Ltd


Vince poured petrol over himself. His nephew, the Claimant, struggled unsuccessfully to prevent him igniting it. Both were engulfed in flames. Vince died; the Claimant jumped to safety from a… Read more »

CategoryOther proceedings - Civil Date

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