Cases
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 ...
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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...
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Best interests
The NHS Foundation Trust v KL
Summary
In this case, HHJ Burrows addressed two questions in relating to ‘community DoL’ applications that have bubbled away for some time. As he noted at paragraph 2:
The first is whether, in order to satisfy the requirement under Article 5§...
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Article 5 ECHR - Deprivation of liberty
The NHS Foundation Trust v K
Summary
In this case Judd J had to consider an application for declarations with respect for K, a young person who was currently an inpatient in intensive care, with a progressive condition and whose treating doctors considered to be reaching the en...
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Best interests - Medical treatment
TA v The Public Guardian
Summary
The obligations on the certificate provider in a case from December 2023 which arrived on Bailii too late for the February 2024 Mental Capacity Report, Lieven J has confirmed something which might have been thought obvious: namely that a cer...
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Lasting Powers of Attorney - Revocation
Re BNK (Dental Treatment)
Summary
Paul Bowen KC, sitting as a Tier 3 Judge, has helpfully restated the interaction between the MCA and the ECHR in the medical treatment context. The case concerned dental treatment in relation to a 36 year old man with profound cognitive impa...
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Best interests - Medical treatment
The Health Service Executive of Ireland v A Hospital Provider
In The Health Service Executive of Ireland v A Hospital Provider [2023] EWCOP 55, the Vice-President, Theis J, rejected the proposition that there might be cases involving deprivation of liberty under cover of a foreign order put forward for recognit...
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Recognition and enforcement
Manchester University NHS Foundation Trust v Mr Y & Ors
Summary
A 42-year-old man was found unresponsive, brought to A&E with multiple injuries, and had a seizure necessitating intensive care. There had been prior concerns that he was not taking his antipsychotic medication for paranoid schizop...
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Best interests - Medical treatment
Re GH (Mastectomy: Best Interests: Costs)
Summary
This matter related to GH, who was 52 and had a diagnosis of schizoaffective disorder. The substantive application sought orders that GH should undergo breast cancer surgery which were granted. However, the case is of greater interest for it...
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COP Jurisdiction and powers - Costs
East Suffolk and North Essex NHS Foundation Trust v DL and Norfolk and Suffolk NHS Foundation Trust
Summary
In the first reported Court of Protection decision by the newly-appointed Ms Justice Henke, she considered the sad case of DL, a woman in her 30s who was detained in a psychiatric intensive care unit under s.3 Mental Health Act 1983. As Henk...
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Best interests - Medical treatment
Norfolk and Norwich University Hospitals NHS Foundation Trust & Ors v Tooke & Ors
As explored in this paper and this “in conversation with,” the potential for discrimination in the treatment of conditions requiring dialysis and/or organ donation is large where the person has impaired decision-making capacity. This case shows...
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Best interests - Medical treatment
Re PN (Capacity: Sexual Relations and Disclosure)
Summary
This matter related to PN, a 34-year-old man who had diagnoses of a mild learning disability and autistic spectrum disorder. There was no dispute as to PN’s diagnoses or his lack of capacity to conduct proceedings, or to make decisions...
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Mental capacity - Sexual relations