Chandler v Lombardi

Mental Capacity Law Cases

Chandler v Lombardi

Summary This case concerned a family dispute about the transfer of a property.  Prior to her death, a property owned solely by Ms Chandler was transferred into the joint names… Read more »

CategoryOther proceedings, Chancery Date

R(BL) v LB Islington

Summary This case concerning litigation capacity in the judicial review context is not merely relevant to such cases but also poses interesting question for proceedings before the Court of Protection…. Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR, Other proceedings, Judicial Review Date

Re: Children (Private Law: Covert Recordings: Adjournment of Final Hearing).

Summary The family court had to decide whether transcripts of covert recordings made by one party (the mother) of conversations between her and the father (also a party to the… Read more »

CategoryJudicial Review, Other proceedings Date

Re W (A Child)

Summary This case, in public law proceedings concerning a disabled 12 year old boy, is nevertheless of interest to Court of Protection practitioners as it concerns the familiar situation in… Read more »

CategoryOther proceedings, Family (public law) Date

Bell & Anor v The Tavistock and Portman NHS Foundation Trust

Summary[1] In Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363, the Court of Appeal roundly upheld the appeal of the Tavistock and Portman… Read more »

CategoryOther proceedings, Family (public law) Date

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

R v Rebelo

Summary In a very unusual criminal case, fascinating – essentially existential – questions arose as to the interrelationship between capacity and autonomy.  Mr Rebelo ran a business selling a chemical,… Read more »

CategoryOther proceedings, Criminal Date

A Local Authority v M, F, A and B

These family proceedings considered whether two young children should be placed in long-term foster care or for adoption. But we cover it because useful lessons were identified which can be… Read more »

CategoryMental capacity - Litigation, Practice and procedure - MCA tools, Mental capacity, Practice and procedure, Other proceedings, Family (public law) Date

A NHS Trust v X

Summary[1] This case is about whether X, a young woman declared to be Gillick competent and “mature and wise beyond her years”, should be afforded the exclusive right to decide… Read more »

CategoryOther proceedings, Family (private law) Date

Re JB (Costs)

In this case, the Court of Protection had been asked to take aggressive steps in terms of service provision.   In Re JB, the local authority applicant in question had gone… Read more »

CategoryCOP jurisdiction and powers - Costs, COP jurisdiction and powers - Interface with public law jurisdiction, COP jurisdiction and powers, Other proceedings, Mental Health, Declarations Date


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