Cases

Wareham v Betsi Cadwaladar University Health Board & Ors

Summary This case concerned a 36 year old autistic woman, Laura Wareham, who strongly asserted her own capacity to make decisions about the conduct of the proceedings, and in respect of her (i) residence; (ii) care and support; and (iii) contact wit... Read more  
 
Mental capacity - Assessing capacity

PSG Trust Corporation Ltd v CK & Anor

Summary Hayden J has returned to the question of what, exactly, the ‘decision’ in question is where the issue is whether a person with cognitive impairments in receipt of a damages award should be told the amount of that award.   Previous judges who... Read more  
 
Deputies - Financial and property affairs

PSG Trust Corporation Ltd v CK & Anor

Summary Practice Direction Practice Direction 9E supplements Part 9 of the Court of Protection Rules and deals with applications relating to statutory wills, codicils, settlements and other dealings with P's property.  Paragraph 9 of PD 9E provides... Read more  
 
Statutory wills - Statutory wills

An ICB v G & Ors

This is the latest episode in the long running and highly contested proceedings concerning G, a 29-year-old woman, suffering from a profound, degenerative neurological condition.  The earlier judgments can be found at [2021] EWCOP 69) (judgment on 13... Read more  
 
Practice and procedure - Fact finding

Re CLF (Capacity: Sexual Relations and Contraception)

Summary In this case, Poole J had to consider the capacity of woman to make decisions about: (1) the conduct of the proceedings; (2) residence; (3) care; (4) contact with others; (5) use of the internet and social media; (6) engagement in sexual rel... Read more  
 
Best interests - Medical treatment , Care , Mental capacity - Sexual relations ,

Re EE (Capacity: Contraception and Conception)

Summary In this case, Poole J took the very unusual step of declining to recognise and enforce a foreign order under Schedule 3 to the MCA 2005.  It was particularly unusual because the order in question was not ‘foreign’ in a conventional sense, bu... Read more  
 
Best interests - Medical treatment , Mental capacity - Sexual relations , Recognition and enforcement

GUP v EUP & Anor

Summary Arbuthnot J considered an appeal brought on behalf of VT by her litigation friend, the Official Solicitor, against a decision by a Circuit Judge (‘the CJ’) sitting in the Court of Protection, to conclude proceedings. The background to this ... Read more  
 
Other

A Hospital Trust v CP

Summary This case concerned the obstetric treatment of CP, a 30 year old woman with a diagnosis of schizophrenia who was detained pursuant to s.3 MHA 1983 The acute Trust sought declarations and orders allowing it to provide a planned caesarean sect... Read more  
 
Best interests - Medical treatment

GUP v EUP & Anor

Summary In GUP v EUP and UCLH NHS Foundation Trust [2024] EWCOP 3, Hayden J was concerned with a situation of a woman in her late 80s who had sustained a serious stroke.  In the period following November 2023, Hayden J identified that there had been... Read more  
 
Mental capacity - Assessing capacity , Practice and procedure - Other

Local Authority A v ZZ

Summary This matter [1] related to a man HHJ Burrows named ‘Peter’, who was 19 years old at the time of the judgment. Peter had had what is described as a “troubled and abused life and he presents as a significant risk to children and vulnerable adu... Read more  
 
Mental capacity - Assessing capacity

The NHS Foundation Trust v KL

Summary This case concerned the treatment for leukaemia of a patient detained under the Mental Health Act 1983. Procedurally, there was a delay in bringing proceedings as a result of a dispute between the Trust responsible for the hospital where K ... Read more  
 
Best interests - Medical treatment

J v Luton Borough Council and Others

Summary This matter related to an appeal from orders made by Roberts J in July 2023, in which she was considering parallel proceedings in the Court of Protection and Family Division. The Court of Protection application related to J, described as bei... Read more  
 
Best interests