Cases

Summary Short note  In Brassington v Knights Professional Services Ltd (t/a Knights) (Re Court of Protection - Deputyship) [2023] EWHC 1568 (Ch), HHJ Hodge KC (sitting as a Judge of the High Court) had to consider the question of whether a former e... Read more  

Summary This application concerned Y, who was in her early twenties.  Y had been diagnosed with autistic spectrum disorder as a child. Her education records reveal difficulties with learning but she remained in mainstream education and was provided ... Read more  

Summary RB was a 29 year old woman diagnosed with Autism Spectrum Disorder. Since 2015 she had been selectively mute, and chose to communicate in writing or by pointing to words on an alphabet board.  She had rheumatoid arthritis and was found in 20... Read more  

Summary  Jackie Maguire lacked capacity to make relevant decisions and was subject to a standard DoLS authorisation in a care home. Weeks before her death, she began to experience symptoms of a sore throat, diarrhoea, vomiting, and a raised temperat... Read more  

Summary This case concerned the question of whether specific authorisation is required to administer physical health treatment under conditions of restraint to a person detained under the Mental Health Act 1983 who lacks the capacity to consent to t... Read more  

Summary This judgment concerned an application made on 26 May 2023 by the applicant trust for anticipatory declarations that in the event ‘Amira’ lost capacity during the delivery of her child it would be in her best interests to implement an obstet... Read more  

Lasting Powers of Attorney – construction – whether commonly appearing provisions required severance  The Office of the Public Guardian brought an application involving nine consolidated cases presenting interpretative questions relating to statute ... Read more  

In Re Public Guardian’s Severance Applications [2023] EWCOP 24, the Office of the Public Guardian brought an application involving nine consolidated cases presenting interpretative questions relating to statute and regulations which have had recurred... Read more  

Summary LD  lived with his mother, RD. He was in his 40s with Downs Syndrome, a severe learning disability, autistic traits and could only communicate through body language. He also had a heart defect. Neither were believed to have had the Covid vac... Read more  

Summary  This judgment (which Lieven J notes was prepared approximately nine months after the application was determined) related to an application by the applicant Trust on 1 August 2022 for an anticipatory declaration in respect of the obstetric c... Read more  

Summary This case concerned ‘Beatrice,’ who was 50 years old; the second respondent, ‘Edward’   was her father. An application was made by North East London NHS Foundation for declarations that a palliative care plan for Beatrice which would withdra... Read more  

Testamentary capacity – common law and statutory tests – whether Banks v Goodfellow and Mental Capacity Act 2005 tests could be reconciled  A man had had three children and eight grandchildren and had had two partners who had died before him.  He ma... Read more