An NHS Trust and others (Respondents) v Y (by his litigation friend, the Official Solicitor) and another (Appellants)

Mental Capacity Law Cases

Re Z

Summary Although given a Chancery Division neutral citation, this was a procedural application in existing Court of Protection proceedings concerning the capacity of an elderly man (Z) to manage his… Read more »

CategoryPractice and procedure - Other Date


Summary[1] The small body of appellate level jurisdiction on the MCA has been added to in this case,  concerning the continued provision of clinically assisted nutrition and hydration (CANH) via… Read more »

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

In the matter of Re F (a minor)

Summary  This is an unusual case in which a high court judge was asked to make findings on the probity and reliability of a Consultant Clinical Psychologist (Dr Ben Harper)… Read more »

CategoryPractice and procedure - Other Date

I v D (by his litigation friend the Official Solicitor)

Summary In this case, his last reported decision, Senior Judge Lush was dealing with an application to dispense with service of an application to make a statutory will on a… Read more »

CategoryPractice and procedure - Other Date

A County Council v (1) AB (2) JB (3) SB

Summary In the course of welfare proceedings involving a young man, AB, a fact-finding hearing was listed to determine serious allegations against his parents, and the question arose of whether,… Read more »

CategoryPractice and procedure - Other Date

In the Matter of SW

Summary Re SW is a quite extraordinary case that came before Sir James Munby P in March of this year. The Applicant brought an application for a declaration that an… Read more »

CategoryPractice and procedure - Other Date

Re NRA & Ors

Summary Re NRA is the latest instalment in the Re X saga, in which the Court of Protection attempts to deal with the fallout from the judgment of the Supreme… Read more »

CategoryPractice and procedure - Other, Article 5 ECHR - Deprivation of liberty, Lasting Powers of Attorney - Revocation Author Benjamin Tankel Date

In the Matter of MN (Adult)

As Sir James Munby P, giving the lead judgment of the Court of Appeal noted, this appeal “raise[d] fundamental questions as to the nature of the Court of Protection’s jurisdiction and, in particular, the approach it should adopt when a care provider is unwilling to provide, or to fund, the care sought, whether by the patient or, as here, by the patient’s family.” The Court of Appeal also took the opportunity to give guidance as to conduct of welfare proceedings before the Court of Protection and to clarify when decisions, rather than declarations, should be sought.

CategoryPractice and procedure - Other, COP jurisdiction and powers - Interface with public law jurisdiction Author Alexander Ruck Keene Date

(1) MG and (2) JG v (1) JF and (2) JFG

Summary of (1) MG and (2) JG v (1) JF and (2) JFG This case concerned an application for a costs allowance under Schedule 1 to the Children Act 1989 to… Read more »

CategoryPractice and procedure - Other Date


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