R v Rebelo

Mental Capacity Law Cases

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

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

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