Re AH (Serious Medical Treatment)

Mental Capacity Law Cases

Re AH (Serious Medical Treatment)


Summary The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases. In AH, it was asked to overturn the… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

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 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 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

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