King v The Wright Roofing Company Ltd

Mental Capacity Law Cases

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


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

Re A No.2 (Children: Findings of Fact)

Summary The Court of Appeal has given important guidance, applicable by analogy, as to the approach to take to fact-finding hearings. The case concerned a second fact-finding hearing into the… Read more »

CategoryFamily (private law) Date

Barts NHS Foundation Trust v Begum and Raqeeb, and Raqeeb (by her children’s guardian)

Summary[1] This is the costs decision in the case concerning the medical treatment and best interests of Tafida Raqeeb, a five year old girl (‘Tafida’). We reported on the substantive… Read more »

CategoryFamily (private law), Family (public law) Date

Barts NHS Foundation Trust v Begum and Raqeeb, and Raqeeb (by her children’s guardian)

Summary This case concerned an application by the NHS Trust to terminate the appointment of Tafida Raqeeb’s litigation friend days before the final hearing of the judicial review proceedings ([2019]… Read more »

CategoryFamily (public law), Judicial Review Date


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