London Borough of Southwark v P, AA and South London and Maudsley NHS Foundation Trust

Mental Capacity Law Cases

London Borough of Southwark v P, AA and South London and Maudsley NHS Foundation Trust


Summary The saga of Re P (Discharge of a Party) [2021] EWCA Civ 512, reported in previous issues, continued, following the Court of Appeal’s overturning the decision of Hayden J… Read more »

CategoryPractice and procedure - Other, COP jurisdiction and powers, Practice and procedure, - Interface with family proceedings Date

A Local Authority v TA, XA, GA (by her litigation friend, the Official Solicitor ) and SR (GA’s deputy for property and financial affairs)


Summary In this judgment Cobb J considered two discrete issues in respect of a litigant in person (“TA”) whose challenging behaviour had meant that progress of the proceedings relating to… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

An NHS Trust v XB & Ors


Summary Theis J has further emphasised the thinness of the legal ice for professionals seeking to administer medication covertly.  The case concerned a man, XB, detained at a high security… Read more »

CategoryPractice and procedure - Other, Medical treatment, Practice and procedure Date

An NHS Trust v AF & Anor


Poole J has answered an important question that has – oddly – not been definitely determined previously: when does a decision of the Court of Protection stop being binding?   The… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

P v Griffith


Summary In a very unusual case, the Court of Protection has sentenced a woman, a Ms Griffith, to 12 months imprisonment for forging a court order so as to obtain… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

DP v LB Hillingdon


Summary[1] In this case, Hayden J has clarified what the court is to do on an s.21A application where it has doubt as to whether it can, on the evidence… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - Deprivation of liberty, Article 5 ECHR - DOLS authorisations, Article 5 ECHR, Practice and procedure Date

Re D (A young man)


In this case, Mostyn J had to consider a question that had previously been the subject of only very limited judicial consideration, namely the test for permission under s.50 MCA… Read more »

CategoryPractice and procedure - Other Date

Sherwood Forest Hospitals NHS Foundation Trust & Anor v H


This latest example of delay in bringing and then resolving an application relating to medical treatment was “not only inimical but […] potentially fatal” to the person in question.  It… Read more »

CategoryBest interests - Medical treatment, Practice and procedure - Other, Best interests, Practice and procedure Date

Re Z


Summary Morgan J had made a detailed substantive order on the papers in mixed health and welfare and property and affairs proceedings concerning Z. In that order: The court made… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

Re P (Court of Protection: Transparency)


There have been very few judgments on the operation of the transparency provisions of the Court of Protection.   One has recently appeared on Bailii (although decided last year): Re P (Court… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

Keywords


Sign up to our Mental Capacity Law Newsletter


If you would like to subscribe to our newsletters please click the link below.

Subscribe

Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email