R(BL) v LB Islington

Mental Capacity Law Cases

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 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

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

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