Mental Capacity Law Cases


Summary In this case Charles J heard an appeal lasting three days with an additional day for judgment against an order authorising the making of a statutory will.  On the… Read more »

CategoryStatutory wills Date

Watt v ABC

Summary In this case Charles J was considering the issue of whether P’s funds from a personal injury award of £1.5 million should be administered through a deputyship or a… Read more »

CategoryStatutory wills, Best interests - Property and affairs Date

Re DB; Re EC

Summary [1] This decision concerns the habitual residence of two people placed by Scottish authorities in hospital in England.  For a Scottish perspective on the judgment, see the article by… Read more »

CategoryStatutory wills - Statutory wills, Other Date

Al-Jeffery v Al-Jeffery

Summary In this case, Holman J confirmed for the first time that the High Court can exercise its inherent protective jurisdiction over a vulnerable British adult on the basis of… Read more »

CategoryStatutory wills, Family (public law) Date

AG v BMBC & Anor

Summary In this case, District Judge Bellamy has given some rare, and useful, clarification as to the seriousness of the consideration that must be given to the use of covert… Read more »

CategoryMedical treatment - Deprivation of liberty, Statutory wills - Statutory wills Date

Re R

Summary In a judgment from a case heard prior to the decision in Re SRK but delivered afterwards (without referring to it) Senior Judge Lush has also weighed into the… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Statutory wills - Statutory wills, State imputability Date

K v LM

Summary In this case P was seriously assaulted by her birth mother when very young. She eventually received a large CICA award. Her care needs were met by the income… Read more »

CategoryStatutory wills - Statutory wills Date


Summary: This judgment, delivered some time ago, but only very recently made publicly available, deals with a short but important point as to whether (and upon what basis) the CoP… Read more »

CategoryPractice and procedure - Other, Statutory wills - Statutory wills Date

NT v FS & Ors

Summary: This was an application by NT (‘the Deputy’) for authority to execute a statutory will on behalf of F who was now 74 with Alzheimer’s dementia. A former professional… Read more »

CategoryStatutory wills - Statutory wills Date


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