Re P (Court of Protection: Transparency)

Mental Capacity Law Cases

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

Bagguley v E


Summary that the Court of Protection can authorise (by the making of a decision under s.16 MCA 2005) the taking of a DNA sample to establish paternity.  In this, he… Read more »

CategoryPractice and procedure, Pracetice and Procedure - Urgent application 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

M and H v P


Summary In this case the court was considering an application that the court should authorise the making of a statutory will on P’s behalf and the issue arose of whether… Read more »

CategoryPractice and procedure - Without notice applications, Statutory wills - Statutory wills, Statutory wills 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

The Royal Bournemouth and Christchurch Hospital NHS Foundation Trust and Dorset Healthcare University NHS Foundation Trust v SE


Summary The issue in this case (decided in November 2018, but appearing on Bailii in August 2019) was whether it was in SE’s best interests to have her right leg… Read more »

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

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

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