S (Vulnerable Party: Fairness of Proceedings)

Mental Capacity Law Cases

S (Vulnerable Party: Fairness of Proceedings)

Summary The Court of Appeal considered how to handle vulnerable witnesses in the Family Courts and the need to proactively identify vulnerable witnesses. The case concerned care proceedings relating to… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

London Borough of X v MR, PD and AB

Summary MR was an 86-year-old gentleman with advanced dementia who, during the first Covid emergency in April 2020, was discharged from hospital to a secular nursing home where he remained… Read more »

CategoryBest interests - Residence, Best interests Date

Chandler v Lombardi

Summary This case concerned a family dispute about the transfer of a property.  Prior to her death, a property owned solely by Ms Chandler was transferred into the joint names… Read more »

CategoryOther proceedings, Chancery Date

R. (on the application of Worcestershire CC) v Secretary of State for Health and Social Care

Summary JG was originally from Worcestershire and was detained under s.3 of the Mental Health Act 1983 with treatment resistant schizoaffective disorder. She was discharged and placed in residential care… Read more »

CategoryMental Health Act 1983 - Interface with MCA, Mental Health Act 1983 Date

E & F (Minors: Blood Transfusion)

How should the Court exercise its power to overrule the decision of a competent minor? Summary In E & F (Minors: Blood Transfusions), the Court of Appeal considered appeals brought… Read more »

CategoryMental capacity - Medical treatment, Mental capacity Date

Cambridge University Hospitals NHS Foundation Trust v AH

Summary Theis J reconsidered the best interests of 56 year old Covid-19 patient AH for whom treating clinicians considered artificial ventilation was no longer in her best interests. This was… Read more »

CategoryBest interests - Medical treatment, Best interests Date

R(BL) v LB Islington

Summary This case concerning litigation capacity in the judicial review context is not merely relevant to such cases but also poses interesting question for proceedings before the Court of Protection…. Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR, Other proceedings, Judicial Review Date

MM v A City Council

Summary The case related to a young man, ‘Michael’ or ‘MM.’ Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He… Read more »

CategoryMental capacity - Assessing capacity, Best interests - Residence, Article 5 ECHR - Deprivation of liberty, Mental capacity - Residence, Article 5 ECHR, Best interests, Mental capacity Date

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

A Local Authority v JB

Summary The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and has done so in… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Sexual relations, Mental capacity Date


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