QD (Habitual Residence) (No.2)

Mental Capacity Law Cases

QD (Habitual Residence) (No.2)


In QD (Habitual Residence) (No.2) [2020] EWCOP 14, Cobb J gave a follow up judgment to that delivered in December 2019.  In that judgment, Cobb J decided that the move… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, Article 5 ECHR, International jurisdiction of Court of Protection, Other Date

Sunderland City Council v AS and Others


Summary This case concerned the capacity of AS, a man on a Community Treatment Order pursuant to the Mental Health Act 1983. AS had a diagnosis of mild learning disability,… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity Date

Re Templeman deceased


Summary In this case one of the children of the late Lord Templeman disputed the validity of his last will, made in 2008. At that time, he was suffering from… Read more »

CategoryMental capacity, Testamentary capacity Date

A Healthcare, B NHS Trust v CC


Summary This case concerned a 34-year-old man (‘CC’) with psychotic depression, mixed personality disorder who was deaf, had diabetes and was detained under s.3 of the Mental Health Act 1983…. Read more »

CategoryMental Health Act 1983 - Interface with MCA, COP jurisdiction and powers - Interface with inherent jurisdiction, COP jurisdiction and powers, Mental Health Act 1983, Mental Health Act 1983 - Treatment for mental disorder Date

University Hospitals Bristol NHS Foundation Trust v ED


Summary[1] In this case, Moor J had to consider whether treatment escalation would be in the best interests of a woman with learning disability.  The decision was made in the… Read more »

CategoryBest interests - Medical treatment Date

HSE of Ireland v Moorgate


In The Health Service Executive of Ireland v Moorgate [2020] EWCOP 12, Hayden J considered in some detail the operation of the regime under Schedule 3 MCA 2005 for recognition… Read more »

CategoryArticle 5 ECHR - Deprivation of liberty, International jurisdiction of Court of Protection, Recognition and enforcement Date

PM v Midlands Partnership NHS Foundation Trust


Summary Whilst detained under MHA s.3 with schizoaffective disorder, PM commenced long-acting depot anti-psychotic medication (Aripiprazole at a dose of 300mgs, to be administered monthly). She received two doses, the… Read more »

CategoryMental Health Act 1983, Mental Health Act 1983 - Treatment for mental disorder Date

Royal Bank Of Scotland Plc v AB


The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question.  On the one hand, we have the situation of rushing too quickly to question… Read more »

CategoryECtHR Date

Sherwood Forest Hospitals NHS Foundation Trust v C


Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has brought a further application in relation to the treatment for… Read more »

CategoryBest interests - Medical treatment Date

Re ACC, JDJ and HPP


In these cases, three deputies brought applications concerning the extent to which the orders appointing them authorised expenditure of P’s estate in respect of getting legal advice and conducting proceedings… Read more »

CategoryDeputies - Financial and property affairs Date

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