Cumbria, Northumberland Tyne & Wear NHS Foundation Trust & Anor v EG

Mental Capacity Law Cases

Cumbria, Northumberland Tyne & Wear NHS Foundation Trust & Anor v EG


Summary[1] When can a mental health patient lawfully remain in the community, rather than in hospital, but be deprived of their liberty in the community?   In 2018, the Supreme Court… Read more »

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

Re W (A Child)


Summary This case, in public law proceedings concerning a disabled 12 year old boy, is nevertheless of interest to Court of Protection practitioners as it concerns the familiar situation in… Read more »

CategoryOther proceedings, Family (public law) Date

Secretary of State for Justice v A Local Authority & Ors


The Court of Appeal has overturned the decision of Hayden J that care workers would not commit a criminal offence under s.39 Sexual Offences Act 2003 were they to make… Read more »

CategoryCOP jurisdiction and powers, - Interface with civil proceedings Date

Re BU


Summary How does coercive control impact upon decision-making? And what can – and should – the courts do when the victim of coercive control cannot countenance an existence where the… Read more »

CategoryBest interests - Contact, Best interests Date

Nottinghamshire County Council v LH, PT and LT; Nottinghamshire v LH, PT and LT (No. 2)


Summary In these two judgments, decided five days apart, Poole J considered the authorisation of the deprivation of a deprivation of liberty of a 12-year-old girl, LT, in an acute… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR - Children and young persons, Article 5 ECHR Date

Re PW (Jehovah’s Witness: Validity of Advance Decision)


Summary[1] The (surprisingly) small body of case-law relating to advance decisions to refuse treatments has been added to by a judgment delivered by Poole J in difficult and urgent circumstances,… Read more »

CategoryMedical treatment - Deprivation of liberty, Medical treatment Date

Bell & Anor v The Tavistock and Portman NHS Foundation Trust


Summary[1] In Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363, the Court of Appeal roundly upheld the appeal of the Tavistock and Portman… Read more »

CategoryOther proceedings, Family (public law) Date

Cambridge University Hospitals NHS Foundation Trust v AH & Ors (Serious Medical Treatment)


Summary The Court of Protection braced itself when COVID-19 hit for decisions to be placed before it about the withdrawal of medical treatment, including potentially agonising decisions in the context… Read more »

CategoryBest interests - Medical treatment, Best interests Date

Kambli v The Public Guardian


Summary In this case, HHJ Hilder considered an application by a panel deputy for discharge. The deputy had been appointed in 2019 in the circumstances set out in this judgment…. Read more »

CategoryDeputies - Financial and property affairs, Deputies Date

SM v The Court of Protection and The London Borough of Enfield


Summary This was a judicial review of a decision of the Court of Protection. The application was brought by SM, mother of RM, against a decision on 12 March 2021… Read more »

CategoryCOP jurisdiction and powers, - Interface with civil proceedings Date

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