P v Griffith

Mental Capacity Law Cases

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

The Public Guardian v XR & Ors


In this case,[1] District Judge Geddes had to consider the ability of the Court of Protection to grant injunctive relief in relation to the publication of video material relating to… Read more »

CategoryPractice and procedure - Other, Lasting Powers of Attorney - Revocation, Lasting Powers of Attorney, 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

London Borough of Southwark v NP & Ors


Summary This case, concerned with the welfare of a 17 year with cerebral palsy and atypical anorexia, is of interest on the facts for the way in which the court… Read more »

CategoryPractice and procedure - Other, Practice and procedure - Case management Date

Mustard v Flower


This case addresses the question of the lawfulness (or otherwise) of covertly recording an assessment by a medical practitioner. The Claimant in this case was a victim of a road… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

Re M (Children) (Disclosure to the Police)


Summary This was an appeal to the Court of Appeal by parents against a decision of Keehan J’s in care proceedings, acceding to an application brought by the police for… Read more »

CategoryPractice and procedure - Other Date

Cheshire West And Chester Council v PWK


In this case, Sir Mark Hedley had to consider (in the context of a s.21A challenge) whether a young man, PWK, had capacity to make decisions in relation to residence;… Read more »

CategoryPractice and procedure - Other, Mental capacity, Practice and procedure, Mental capacity - Fluctuating capacity Date

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