Re AB (Termination of Pregnancy)

Mental Capacity Law Cases

Re AB (Termination of Pregnancy)

Summary[1] The question arose for determination whether it was in the best interests of a young woman with moderate learning disabilities to undergo a termination.  Matters proceeded at speed in… Read more »

CategoryBest interests - Medical treatment, Best interests, Childbirth Date


Summary In 2007, when P was 54, he suffered a cardiac arrest and fell into PVS. He had an estate of over £17 million and no dependents, and was cared… Read more »

CategoryDeputies - Financial and property affairs, Best interests - Property and affairs Date

United Lincolnshire Hospital NHS Trust v CD

Summary[1] Francis J has grappled with a subject that has been perennially difficult for practitioners: what to do where a person currently has capacity to make a relevant decision but… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Medical treatment, Birth arrangements Date

Re Lawson, Mottram and Hopton (appointment of personal welfare deputies)

Summary[1] The Vice-President of the Court of Protection, Hayden J, has outlined a set of principles to govern the appointment of personal welfare deputies. In Re Lawson, Mottram and Hopton… Read more »

CategoryDeputies - Welfare matters Date

NHS Trust v JP

Summary[1] In NHS Trust v P [2019] EWCOP 23, Williams J was asked to endorse the covert carrying out (under general anaesthetic) of a Caesarean section on a young woman,… Read more »

CategoryBest interests - Medical treatment, Birth arrangements Date

BP v LB Harrow

Summary[1] This was a s.21A MCA 2005 application made on behalf of “P” who objected to being in a care home. He wanted to return to the family home, where… Read more »

CategoryCOP jurisdiction and powers - Costs Date

B v A Local Authority

Summary The Court of Appeal has made both general and specific observations about the assessment of mental capacity in determining the appeal/cross-appeal against the decision of Cobb J in Re… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Sexual relations, Mental capacity - Residence, Social Media Date

A City Council v LS, RE and KS (A Child)

Summary The issue in this case was whether the High Court had power under its inherent jurisdiction to authorise the deprivation of liberty of a 17-year-old who was at grave… Read more »

CategoryArticle 5 ECHR - Children and young persons, COP jurisdiction and powers - Interface with inherent jurisdiction Date

R (Maguire) v Her Majesty’s Senior Coroner for Blackpool and Fylde

Summary This was a judicial review brought in respect of the decision of the coroner investigating the death of a 52 year old woman, Jacqueline (Jackie) Morgan that Article 2… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Other proceedings - Civil Date

A Health and Social Care Trust v X et al

Summary Mr X had died by the time of this judgment, but the decision is likely to affect hundreds of individuals in Northern Ireland in similar circumstances.  The case concerned… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - DOLS authorisations Date


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