Cases
PS v A Local Authority, WP, DT & RS
Summary
This case concerned PS, a 79 year old lady with what was described as an extremely serious memory impairment related to alcohol use. She had been in a sexual relationship and lived with WP for almost twenty years. By the time the matte...
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Judicial Review
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Mental capacity - Sexual relations
Re PQ (Court Authorised Dol : Representation During Review Period
Summary
Poole J has examined in some detail the requirements of Article 5(4) ECHR in the context of court authorised deprivation of liberty. On the facts of the case before him, he held that Article 5(4) required that PQ, the subject of ...
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Article 5 ECHR - Deprivation of liberty
Re Sudiksha Thirulamesh (dec’d)
Summary
The Court of Appeal has refused permission to appeal the decision of Cusworth J in NHS North Central London ICB v PC et al [2024] EWCOP 31. The case concerned a 31 year old woman, who suffered a cardiorespiratory arrest and collapsed a...
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Best interests - Medical treatment
Re P (Vulnerable Adult: Withdrawal of Application)
Summary
How far can the State be expected to go in seeking to secure the rights of those in challenging situations? A few months after this issue was looked at (albeit slightly curiously) from the perspective of Article 2 ECHR in R (Park...
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Mental capacity - Sexual relations
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Mental Health Act 1983 - Interface with MCA
Hywel Dda University Health Board v P & Anor
SummaryThis private hearing, without notice to P or her mother due to a flight risk, was to determine whether, in the absence of a capacity assessment, there was reason to believe that P lacked capacity to make the relevant decisions and, if not, whe...
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Mental capacity - Sexual relations
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COP Jurisdiction and powers - Interface with inherent jurisdiction
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Practice and procedure - Without notice applications
Re AA (Withdrawal of Life-Sustaining Treatment: No Best Interests Decision)
Summary
This case concerned a young man, AA, in a prolonged disorder of consciousness, identified by the treating team as being on the border of a vegetative state/minimally conscious state-minus. His parents did not agree either with his diagnosis ...
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Best interests - Medical treatment
North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors
Summary
North Tees and Hartlepool NHS Foundation Trust & Anor v KAG & Ors [2024] EWCOP 38 (T3) is a case confirming the hard-edged nature of s.63 Mental Health Act 1983. It concerned a woman, KAG, who developed severe depression and in...
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Mental capacity
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Mental Health Act 1983 - Interface with MCA
NHS NW London ICB
Summary
In this case, the Vice-President of the Court of Protection, Theis J, gave a careful and considered judgment about the continuation of clinically assisted nutrition and hydration (‘CANH’) of Z, a 70 year old man in a prolonged disorder of co...
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Best interests - Medical treatment
A Local Authority v ZX
Summary
In this case, HHJ Burrows was confronted, to his considerable (and understandable) disquiet, with the need to determine whether an 18 year old man had capacity to make decisions about engaging in sexual relations with others. His...
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Mental capacity - Sexual relations
LB Hackney v A, B and C
Summary
John McKendrick KC has answered a question which, as he noted, had curiously not been answered since the MCA 2005 came into force – namely how far-reaching a set of injunctive measures it can grant to compel compliance with its orders....
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COP Jurisdiction and powers - Injunctions
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Deputies - Welfare matters