Cases
Lancashire & South Cumbria NHS Foundation Trust & Lancashire County Council v AH
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...
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Medical treatment
Re G (Court of Protection: Injunction)
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...
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COP Jurisdiction and powers - Injunctions
Re A (Covert Medication: Closed Proceedings)
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...
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Best interests - Medical treatment
AXX v Zajac (Vulnerable parties - Article 6 ECHR - PD1A - case management - split trial - disability - brain injury - personal injury - psychosis - PTSD - mental health - Equal Treatment Bench Book - adjustments)
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...
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Other proceedings - Civil
Newcastle Upon Tyne NHS Foundation Trust v MB
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...
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Best interests - Medical treatment
Traskunova v. Russia
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...
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Mental capacity - Medical treatment
Lincolnshire County Council v TGA & Ors
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...
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Article 5 ECHR - Children and young persons
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Article 5 ECHR - Deprivation of liberty
AC and GC (Capacity: Hoarding: Best Interests)
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 ...
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Best interests - Property and affairs
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Care
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Care
Re TT (Injunctive Relief)
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...
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COP Jurisdiction and powers - Injunctions
Hull City Council v KF
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...
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Best interests - Contact
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Mental capacity
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Mental capacity - Sexual relations
XX v West Northamptonshire Council & Anor
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...
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Best interests - Residence