London Borough of X v MR, PD and AB

SummaryMR was an 86-year-old gentleman with advanced dementia who, during the first Covid emergency in April 2020, was discharged from hospital to a secular nursing home where he remained with his wife. At that time, little or no consideration had be... Read more  
Best interests

Chandler v Lombardi

SummaryThis case concerned a family dispute about the transfer of a property.  Prior to her death, a property owned solely by Ms Chandler was transferred into the joint names of Ms Chandler and the defendant, Ms Lombardi (Ms Chandler's daughter) by M... Read more  
Other proceedings , Chancery

R. (on the application of Worcestershire CC) v Secretary of State for Health and Social Care

SummaryJG was originally from Worcestershire and was detained under s.3 of the Mental Health Act 1983 with treatment resistant schizoaffective disorder. She was discharged and placed in residential care in Swindon, closer to her daughter. At that poi... Read more  
Mental Health Act 1983 - Interface with MCA , Mental Health Act 1983

E & F (Minors: Blood Transfusion)

How should the Court exercise its power to overrule the decision of a competent minor? SummaryIn E & F (Minors: Blood Transfusions), the Court of Appeal considered appeals brought by two young people, both Jehovah's Witnesses who conscientiously ... Read more  
Mental capacity - Medical treatment , Mental capacity

Cambridge University Hospitals NHS Foundation Trust v AH

SummaryTheis J reconsidered the best interests of 56 year old Covid-19 patient AH for whom treating clinicians considered artificial ventilation was no longer in her best interests.This was a rehearing of the case following a successful appeal. In a ... Read more  
Best interests - Medical treatment , Best interests

R(BL) v LB Islington

SummaryThis case concerning litigation capacity in the judicial review context is not merely relevant to such cases but also poses interesting question for proceedings before the Court of Protection.The Claimant was a litigant in person with diagnose... Read more  
Article 5 ECHR - Deprivation of liberty , Article 5 ECHR , Other proceedings ,

MM v A City Council

SummaryThe case related to a young man, 'Michael' or 'MM.' Michael had diagnoses of mild learning disabilities, dissocial personality disorder and had ongoing problems with using illicit substances. He regularly engaged in challenging or violent beha... Read more  
Mental capacity - Assessing capacity , Article 5 ECHR - Deprivation of liberty , Mental capacity - Residence , , ,

Re AH (Serious Medical Treatment)

Summary The Court of Appeal has made some very important observations about the role of judicial visits in Court of Protection cases.In AH, it was asked to overturn the decision of the Vice-President, Hayden J, that it was not in the best interests o... Read more  
Practice and procedure - Other , Practice and procedure

A Local Authority v JB

SummaryThe Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and has done so in a very high-stakes context: that of sexual relations.  In A Local Authority v JB [2021] UKSC 52, the cen... Read more  
Mental capacity - Assessing capacity , Mental capacity - Sexual relations , Mental capacity

PH and RH v Brighton and Hove City Council & Oths

Summary On 23 November 2021, Senior Judge Hilder gave judgment on an application made by the BBC and Sky to disapply the reporting restrictions in proceedings relating to Tony Hickmott – a 44 -year-old man with learning disabilities and autism who ha... Read more  
Media - Court reporting , Article 8 ECHR - Media , Article 8 ECHR ,

AB and XS (P, by her litigation friend the Official Solicitor)

SummaryThis case concerned XS – a 76 year old UK-Lebanese dual national – then resident  in Lebanon.  The applicant was her cousin AB, who wished XS to return to the UK.  Lieven J had to decide whether it was in the best interests of XS, who had been... Read more  
Inherent jurisdiction

Re ZK (No.2)

SummaryThis case is the sequel to one reported upon earlier here, and contains some important observations in relation to assessment of capacity and the revisiting of best interests decisions.   In summary, the case concerned a man, ZK, who had as a ... Read more  
Best interests - Contact , Medical Treatment - Deprivation of Liberty , Mental capacity - Residence , , ,