R(Maguire) v HM Senior Coroner for Blackpool & Fylde

Mental Capacity Law Cases

R(Maguire) v HM Senior Coroner for Blackpool & Fylde


Summary[1] The Court of Appeal has held that there are (perhaps surprising) limits to the obligation upon the state under Article 2 ECHR to investigate the death of those subject… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

R (EG) v Parole Board & Ors


Summary[1] A prisoner, EG, had learning difficulties which prevented him from instructing a (legal) representative to act for him in the review the Parole Board was conducting of the necessity… Read more »

CategoryJudicial Review Date

Barnsley Hospitals NHS Foundation Trust v MSP


In this case, Hayden J considered an application, initially made to him as the Out of Hours judge, for determination of the question of whether a Trust should continue to… Read more »

CategoryBest interests - Medical treatment Date

Evers v Germany


Summary This case concerned the application of Articles 8 and 6 in the context of a private (sexual) relationship between a man (the applicant) and the adult daughter of his… Read more »

CategoryFamily, Article 8 ECHR Date

Aftanache v Romania


Summary In Aftanache v Romania, the applicant contended that his life was put at risk by medical personnel from the ambulance service and hospitals, who refused to administer his insulin… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty Date

A Local Authority v AB and SB


In A Local Authority v AB and SB [2020] EWCOP 32, a 30-year-old woman with moderate intellectual disability spent most of the week living with her mother, AB, and the… Read more »

CategoryMental capacity - Assessing capacity Date

Re GTI


Summary GTI was a 45 year old man, with an established history of schizoaffective disorder. It had been controlled with psychotropic medication and he has lived in supported accommodation in… Read more »

CategoryBest interests - Medical treatment Date

United Lincolnshire Hospitals NHS Foundation Trust v Q


Summary[1] Q was 57-year-old woman, with profound and lifelong learning disabilities together with epilepsy. She also had impaired eyesight and was registered blind. She had mobility difficulties which necessitated the… Read more »

CategoryBest interests - Medical treatment Date

CS v FB


In this case, Mostyn J was confronted by what to do where it appeared that one of the parties to proceedings between parents concerning a child lacked capacity to conduct… Read more »

CategoryMental capacity - Litigation, Family (private law) Date

A Local Authority v AW


Summary Characteristically, Cobb J delineated the issue to be decided in this case at the very outset: This judgment does not establish any great or new point of legal principle…. Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Parentage, Mental capacity - Contact Date

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