Re JB (Costs)

Mental Capacity Law Cases

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

FS v RS and JS


As Sir James Munby noted at the outset of his judgment in FS v RS and JS [2020] EWFC 63: “[t]his is a most unusual case. Indeed, so far as… Read more »

CategoryOther proceedings, Family (private law), Mental Health Date

Re ND (Court of Protection: Costs and Declarations)


Summary In this case, the Court of Protection has alighted upon procedural failings by a local authority to ground the making of declarations as to failures of that authority to… 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

King v The Wright Roofing Company Ltd


Summary  In this personal injury case, Kerr J had to decide whether the claimant had capacity to conduct the proceedings, and whether he had capacity to manage his property and… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Litigation, Mental capacity - Finance, Mental capacity, Other proceedings, Other proceedings - Civil Date

MC v Cygnet Behavioural Health Ltd and SSJ


Summary UTJ Jacobs has confirmed that the decision of the Supreme Court in MM [2018] UKSC 60 does not serve as a bar to the Mental Health Tribunal “coordinating” the discharge of a… Read more »

CategoryOther proceedings, Mental Health Date

SM v Livewell Southwest CIC


Summary[1] In an unusual split decision in the Upper Tribunal (Administrative Appeals Chamber), the question of the capacity that a patient requires to bring an application to the Mental Health… Read more »

CategoryMental Health Date

R (EG) v Parole Board & Ors


Summary[1] A prisoner, EG, had learning difficulties which prevented him from instructing a (legal) representative to act for him in the review the Parole Board was conducting of the necessity… Read more »

CategoryJudicial Review Date

CS v FB


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

Royal Bank Of Scotland Plc v AB


The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question.  On the one hand, we have the situation of rushing too quickly to question… Read more »

CategoryECtHR Date

Re K (Forced Marriage: Passport Order)


This judgment is the first consideration by the Court of Appeal of Forced Marriage Protection Orders (FMPOs) made under s.63A Family Law Act 1996.  The issues that arose were whether… Read more »

CategoryFamily (public law) Date

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