An NHS Trust v AF & Anor

Mental Capacity Law Cases

An NHS Trust v AF & Anor


Poole J has answered an important question that has – oddly – not been definitely determined previously: when does a decision of the Court of Protection stop being binding?   The… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

University Hospitals of Leicester NHS Trust v TC & Ors


In this case, Cobb J was required to consider an urgent application for a best interests decision with respect to carrying out chemoradiotherapy and an endoscopic resection and/or tracheostomy (as… Read more »

CategoryBest interests - Medical treatment, Mental capacity - Medical treatment, Best interests, Mental capacity Date

Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors


In, the Court of Appeal almost, but not quite, answered the question of whether it is lawful to use the inherent jurisdiction to deprive an adult of their liberty.   They… Read more »

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

The Health Service Executive of Ireland v IM & Anor


  Knowles J has given a helpful summary of the approach to determining whether an adult with impaired decision-making capacity remains habitually resident within England and Wales. The person in… Read more »

CategoryInternational jurisdiction of Court of Protection, Other Date

JMH v CFH, SAP


In this case, the court had to decide what costs a litigant in person is entitled to in the Court of Protection. The first point that was argued was made… Read more »

CategoryCOP jurisdiction and powers - Costs, COP jurisdiction and powers Date

Re LMS (Settlement of Property into a Trust)


In this case, the court was asked to approve a settlement of an inheritance of which P was beneficiary. The application was made by P’s attorney under an LPA and… Read more »

CategoryBest interests, Best interests - Property and affairs Date

Re JB (Costs)


In this case, the Court of Protection had been asked to take aggressive steps in terms of service provision.   In Re JB, the local authority applicant in question had gone… Read more »

CategoryCOP jurisdiction and powers - Costs, COP jurisdiction and powers - Interface with public law jurisdiction, COP jurisdiction and powers, Other proceedings, Mental Health, Declarations Date

P v Griffith


Summary In a very unusual case, the Court of Protection has sentenced a woman, a Ms Griffith, to 12 months imprisonment for forging a court order so as to obtain… Read more »

CategoryPractice and procedure - Other, Practice and procedure Date

PLK & Ors (Court of Protection: Costs)


Summary In an important decision, the Senior Court Costs Office has looked at the method of assessment of the hourly rates claimed by Deputies and, in particular, at whether those… Read more »

CategoryCOP jurisdiction and powers - Costs, Deputies - Financial and property affairs, COP jurisdiction and powers, Deputies Date

FS v RS and JS


As Sir James Munby noted at the outset of his judgment in FS v RS and JS [2020] EWFC 63: “[t]his is a most unusual case. Indeed, so far as… Read more »

CategoryOther proceedings, Family (private law), Mental Health Date

Keywords


Sign up to our Mental Capacity Law Newsletter


If you would like to subscribe to our newsletters please click the link below.

Subscribe

Call +44 (0)20 7832 1111 for more information

Barrister portfolio

Close

Click the + icon next to any barrister to add their profile to this portfolio.

Barrister Call CV Email