Cases

Summary This case considered whether AH, who had diabetes and a diagnosis of a mild learning disability, had capacity to make decisions about residence, care, sharing information concerning her physical and mental health and care, and to conduct the... Read more  

In Re G (Court of Protection: Injunction) [2022] EWCA Civ 1312, arising out of a difficult and long-running medical treatment case being heard by Hayden J, the Court of Appeal has definitively set out the test that needs to be applied by a Court of P... Read more  

Summary This case concerned the personal welfare of A, a woman of 23 with a diagnoses of mild learning disability and Asperger’s syndrome who was found to lack capacity to conduct this litigation or to make decisions about her residence, care, conta... Read more  

Summary  The judgment of Master McCloud in AXX v Zajac is the first reported judgment concerning the provisions of CPR PD1A, concerning vulnerable litigants.  It is a model in two ways.   Firstly, it contains a plain language summary at the outset f... Read more  

Summary This case concerns the medical treatment of MB, a 30-year-old man suffering from neuropsychiatric symptoms. In May 2022 he was given a working diagnosis, following a brain biopsy, of T-cell cancer of the skin, brain and bone marrow. The dise... Read more  

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In Traskunova v Russia, the Third Section of the Strasbourg Court revisited the issue of capacity and informed consent, this time in the context of experimental treatment and a breach of Article 2 ECHR.   The applicant’s daughter, Ms AT, died age 59... Read more  

Summary In Lincolnshire County Council v TGA, a 14-year-old boy with epilepsy, autism, Attention Deficit Disorder and global developmental delay was accommodated by the local authority under s.20 of the Children Act 1989 with the consent of his test... Read more  

Summary In AC and GC, HHJ Clayton was concerned with two individuals: AC, 92, and her son, GC. The court considered whether they lacked capacity to make decisions about their items and belongings.  An application had been made for an order that AC ... Read more  

Summary The court considered the best interests of TT, a 46-year-old man of Asian heritage with a diagnosis of a mild learning disability. TT lived with his parents until 2019, when he moved into a supported living accommodation. The case considered... Read more  

Summary KF wanted to spend one last night with her long-term partner, days before he was due to be imprisoned for causing her grievous bodily harm. Given the absence of bail conditions, whether this could happen depended upon her capacity to make th... Read more  

XX was an 89-year-old man who had come from Jamaica to the UK to live and work in the 1960s. XX had been living in a care home since December 2020. An application was brought by AA, one of XX’s nieces, and asked the court to consider whether it is in... Read more