Aftanache v Romania

Mental Capacity Law Cases

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


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


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

VE v AO & Ors

Summary In this case, Lieven J was asked to determine whether it was in the best interests of a terminally ill woman to leave the care home where she was… Read more »

CategoryBest interests - Residence, Best interests - Medical treatment, Best interests Date


In Re OT [2020] EWCOP 25, the court had to decide who to appoint as deputy to manage the property and affairs of an 81 year old woman, OT.  The… Read more »

CategoryDeputies - Financial and property affairs Date

London Borough of Tower Hamlets v A & KF

Summary[1] This case was concerned with whether A – a 69 year old woman who had suffered a stroke and been diagnosed with Korsakoff’s dementia – had capacity to make… Read more »

CategoryMental capacity - Assessing capacity, Mental capacity - Residence, Mental capacity Date

MOC (by MG) v SSWP (DLA)

Summary Can impaired decision-making capacity constitute a ‘status’ for purposes of purposes of the law relating to discrimination?   That was the question posed before the Upper Tribunal in MOC (by… Read more »



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