Practice – Court of Protection – Serious medical treatment – When necessary to seek court authorisation for treatment – Guidance on procedure to be followed – Mental Capacity Act 2005 (c 9), ss 5, 6, 15, 16 Judges: Hayden J Citations: [2020] EWCOP 2, [2020] 1 WLR 641, [2020] WLR(D) 30 Links: Bailii, WLRD Statutes: … Continue reading Serious Medical Treatment, Guidance: CoP 17 Jan 2020
Judges: Mrs Justice Lieven DBE Citations: [2022] EWCOP 47 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 24 November 2022; Ref: scu.682775
Applications under the Mental Capacity Act 2005 for authorisations relating to the Respondents’ care plans involving, inter alia, deprivation of liberty. Citations: [2019] EWCOP 28 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Local Government, Agency Updated: 16 October 2022; Ref: scu.642840
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
The House was asked whether a patient detained for treatment under the 1983 Act can be treated against his will for any mental disorder from which he is suffering or only for the particular form of mental disorder from which he is classified as suffering for the purpose of the order or application authorising his … Continue reading B, Regina (on the Application of) v Ashworth Hospital Authority: HL 17 Mar 2005
The adult patient TB suffered both physical and mental delusional disabilities. The carers felt that community support and treatment having failed, only intensive residential reatment would help. She resisted this proposed detention. Held: The court considered its powers under the 1983 and the 2005 Act, and ‘if by operation of section 16A (2) (b) above … Continue reading W Primary Care Trust v TB and Others: Fd 17 Jul 2009
Each defendant appealed against convictions associated variously with the cultivation or possession of cannabis resin. They sought to plead medical necessity. There had been medical recommendations to move cannabis to the list of drugs which might be prescribed by a doctor, but this had been rejected. Held: The appeals failed. There was no over-arching principle … Continue reading Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005
Capacity To Conduct Proceedings Citations: [2019] EWCOP 14 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health, Litigation Practice Updated: 29 June 2022; Ref: scu.637308
Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public. Held: Beatson J approved the Tribunal’s reasons forfind that their privacy rules were a proper and proportionate departure from the principle of open justice and thus compatible with article … Continue reading Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004
The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have been formally detained. Held: The appeal succeeded. His detention had not been … Continue reading In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998
18 applications by the Public Guardian for the severance of clauses in instruments intended to have effect as Lasting Powers of Attorney – When severance is and is not necessary – Construction of section 12 (gifts) in relation to providing for the needs of others from the donor’s estateDistrict Judge Eldergill compared and contrasted the … Continue reading The Public Guardian’s Severance Applications: CoP 19 Jun 2017
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the VAT on works carried out on his own property. Because of the delay which … Continue reading Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005
The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
Judges: Mr Justice Cohen Citations: [2021] EWCOP 39 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 20 April 2022; Ref: scu.668171
Lawfulness of Contraceptive advice for Girls The claimant had young daughters. She challenged advice given to doctors by the second respondent allowing them to give contraceptive advice to girls under 16, and the right of the first defendant to act upon that advice. She objected that the advice infringed her rights as a parent, and … Continue reading Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 1985
The claimant had been subject to a without notice order allowing him to be taken against his will to hospital for treatment. He said that, having capacity himself, the court had no power to make such an order. A settlement of damages having been agreed, the court now considered whether a declaration as to the … Continue reading Mazhar v The Lord Chancellor: FD 12 Oct 2017
Judges: Cobb J Citations: [2017] EWCOP 22 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 01 April 2022; Ref: scu.598419
Application on behalf of an incapacitous man under Section 21(A) of the 2005 Act. It is nominally by way of a challenge to a Standard Authorisation authorising the deprivation of DM’s liberty at a care home [‘the Home’] for six months expiring on 2nd August 2017. The underlying issue, however, is: (a) whether DM, who … Continue reading DM v Y City Council: CoP 15 Jun 2017
EAT Practice and Procedure – Bias, misconduct and procedural irregularity -postponement or stay Fair hearing – postponement/adjournment of proceedings The Claimant – a litigant in person suffering from mental health issues but not lacking capacity for the purposes of the Mental Capacity Act 2005 – had received medical advice that he was unfit to participate … Continue reading Shui v University of Manchester and Others: EAT 25 Jul 2017
Applications for declarations and Best Interest Orders pursuant to the Mental Capacity Act 2005, relating to RY and the need for a tracheostomy. Judges: Hayden J Citations: [2017] EWCOP 2 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 24 March 2022; Ref: scu.581702
The appellant was detained under section 37 of the 1983 Act as a mental patient with a restriction under section 41. He sought his release. Held: The standard of proof in such applications remained the balance of probabilities, but that standard was flexible, and varied according to the seriousness of the allegation. The only misdirection … Continue reading AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005
A patient detained under the Mental Health Act 1983 (MHA) may be released from compulsory detention in hospital subject to a community treatment order. The question arising on this appeal is whether a patient’s responsible clinician (may impose conditions in a CTO which amount to the deprivation of his liberty within the meaning of article … Continue reading Welsh Ministers v PJ: SC 17 Dec 2018
Power of FTT to deprive patient of liberty Two patients who had been confined to a secure hospital, appealed against orders which would continue to restrict their liberty upon being conditionally released. The parties now disputed the jurisdiction of the FTT to make such an order. Held: The orders made by the UT were set … Continue reading The Secretary of State for Justice v MM: CA 29 Mar 2017
The court considered the capacity of JB to consent to medical treatment. Peter Jackson J [2014] EWHC 342 (COP) Bailii Mental Capacity Act 2005 England and Wales Health Updated: 30 November 2021; Ref: scu.521517
The patient was a lady aged 59, suffering multiple sclerosis. She had lost mental capacity to make her own decisions many years before. She appealed against a refusal of an order allowing the doctors to bring her life to an end. Held: The appeal failed: ‘The judge came to the conclusion was that in KH’s … Continue reading W Healthcare NHS Trust v KH: CA 17 Sep 2004
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations. Held: The prisoners’ appeals were allowed. Lord Bingham stated: ‘While an oral hearing is most obviously necessary to achieve a just decision in a case where facts are … Continue reading Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005
Taxpayer companies challenged the way that the revenue restricted claims for group Corporation Tax relief for subsidiary companies in Europe. The issue was awaiting a decision of the European Court. The Revenue said that the claims now being made by other companies should proceed through the Commissioners who could implement European law directly. The taxpayers … Continue reading Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 2005
The claimant suffered a congenital degenerative brain condition inevitably resulting in a future need to receive nutrition and hydration by artificial means. He was concerned that a decision might be taken by medical practitioners responsible for . .
The local authority and a young man’s parents disputed his continued care, he having substantial incapacities. The parents wanted assistance caring for him on visits home. The LA declined to fund that support. The LA now argued that the CoP had not . .
Orse In re M (Incapacitated Person: Withdrawal of Treatment)
The court was concerned with the withdrawal of CANH from a woman who was suffering from Huntington’s disease and was in a minimally conscious state. Her family, her clinicians, and a . .
Orse In re Briggs (Incapacitated Person) . .
Claim for a declaration under CPR Part 8 that it is not mandatory to bring before the Court the withdrawal of Clinically Assisted Nutrition and Hydration (‘CANH’) from a patient who has a prolonged disorder of consciousness in circumstances where . .
The court considered an order effectively depriving child D of his liberty. . .
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The meaning of ‘prohibiting’ contact in Section 17 of the Mental Capacity Act 2005 Citations: [2013] EWCOP B41 Links: Bailii Statutes: Mental Capacity Act 2005 17 Jurisdiction: England and Wales Health Updated: 22 May 2022; Ref: scu.656769
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
For civil patients, it matters a great deal whether the classification of their condition is ‘severe subnormality’ or just ‘subnormality’ or whether it is ‘mental illness’ or ‘psychopathic disorder’. Lawton LJ discussed the construction of the phrase ‘mental illness’: ‘The answer in my judgment is to be found in the advice which Lord Reid gave … Continue reading W v L: CA 1974
It had been decided that PC, a 43 year old woman, had capacity to marry, but the LA now argued that she did not have the capacity to decide to live with her partner, a man who had old convictions for serious sexual assault. Held: Decisions as to the existence of capacity was always specific … Continue reading PC and Another v City of York Council: CA 1 May 2013
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
‘This is an urgent application made on behalf of BP who is 83 years of age. BP was diagnosed with Alzheimer’s disease in December 2018. He is deaf but is able to communicate through a ‘communication board’. Today’s emergency application, brought by BP’s litigation friend, his daughter FP, seeks to achieve his discharge from the … Continue reading BP v Surrey County Council and Another: CoP 25 Mar 2020
Citations: 39187/98, [2002] ECHR 157, [2002] 38 EHRR 314, (2004) 38 EHRR 17, [2002] MHLR 209 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 5(1) Jurisdiction: Human Rights Cited by: Cited – Austin and Another v Commissioner of Police of the Metropolis HL 28-Jan-2009 Movement retsriction was not Liberty Deprivation The claimants had been … Continue reading HM v Switzerland: ECHR 26 Feb 2002
(Extra Division, Inner House) The reclaimers, Roman Catholic midwives working on a labour ward as co-ordinators, sought to assert a right of conscientious objection under the 1967 Act. The respondents said that only those directly involved in the termination of a pregnancy could assert such a right. Held: The midwives’ appeal succeeded. The Act set … Continue reading Doogan and Another v NHS Greater Glasgow and Clyde Health Board: SCS 24 Apr 2013
The parties disputed the restriction imposed on the patient LDV who lacked capacity. Judges: Baker J Citations: [2013] EWHC 272 (Fam) Links: Bailii Statutes: Mental Capacity Act 2005 Health Updated: 17 November 2022; Ref: scu.472576
Judges: His Honour Judge Burrows Citations: [2022] EWCOP 45 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 17 November 2022; Ref: scu.682776
A request was made for a statutory will. Held: The 2005 Act marked a radical departure from previous practice. A decision made on behalf of a protected person must be made in his best interests. That was not (necessarily) the same as inquiring what the protected person would have decided if he or she had … Continue reading In re P (Statutory Will): ChD 9 Feb 2009
ECJ The court considered the measure of compensation in a successful claim for sex discrimination arising from the health authority’s provision of an earlier compulsory retirement age for women compared with that for men in the same employment. The health authority paid her the maximum sum of pounds 6,250 which was then permitted as compensation … Continue reading M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986
The appellant sisters, both with substantial learing disabilities appealed against a declaration that the arrangements made for their care by the respondent did not amount to a deprivation of their liberty. In either case, they would only be allowed to leave their residence under escort of a competent adult. Held: The appeals failed. Judges: Mummery, … Continue reading P and Q v Surrey County Council: CA 28 Feb 2011
Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
Procedures on Withdrawal of Life Support Treatment The patient had been severely injured in the Hillsborough disaster, and had come to be in a persistent vegetative state (PVS). The doctors sought permission to withdraw medical treatment. The Official Solicitor appealed against an order of the Court of Appeal permitting the action. Held: The appeal failed. … Continue reading Airedale NHS Trust v Bland: HL 4 Feb 1993
An application was made for a statutory will for the patient. The court considered how it should approach competing suggestions as to the provisions to be included. Held: The 2005 Act had changed the basis for such wills fundamentally. The court must decide what is objectively in the patient’s best interests, and not what the … Continue reading NT v FS and Others: CoP 26 Mar 2013
Application for order under the 2005 Act restricting contact between the young adult child with disabilities and his family. Eleanor King J described his condition saying he had: ‘severe learning and physical disabilities together with autism and an uncommon epileptic condition resulting in frequent seizures and risk of sudden death. A nurse has to be … Continue reading ACCG and Another v MN and Others: CoP 20 Nov 2013
The court may determine a case summarily of its own motion, but their power ‘must be exercised appropriately and with a modicum of restraint’. Judges: Horowitz QC Citations: (2009) 12 CCL Rep 671, [2010] Fam Law 244, [2010] WTLR 69, [2009] EW Misc 7 (EWCOP), [2010] 1 FLR 1393 Links: Bailii Statutes: Mental Capacity Act … Continue reading KD and Another v London Borough of Havering: CoP 19 Oct 2009
Judges: Her Honour Judge Marshall QC Citations: [2009] EWHC B30 (Fam) Links: Bailii Statutes: Mental Capacity Act 2005 48 Jurisdiction: England and Wales Health Updated: 25 July 2022; Ref: scu.381749
Whether the defendant in these proceedings, Edward Wojakovski, has capacity to conduct contempt proceedings against him. Judges: Mrs Justice Falk Citations: [2022] EWHC 1771 (Ch) Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health, Contempt of Court Updated: 19 July 2022; Ref: scu.679570
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
The claimant was a young epileptic and autistic adult. On a supervised trip to a swimming pool, he became fascinated by the water, and the pool staff called the police. Through the police misunderstanding his needs, he ended up first in the water and then being forcibly restrained. The commissioner now appealed against the findings … Continue reading Commissioner of Police for The Metropolis v ZH: CA 14 Feb 2013
The court was asked: ‘Whether there is jurisdiction for the injunctions sought by the Claimant to be made under the court’s inherent jurisdiction in relation to vulnerable adults or under s 222 Local Government Act 1972’ on certain facts. Judges: Theis DBE J Citations: [2011] EWHC 1022 (Fam) Links: Bailii Statutes: Mental Capacity Act 2005, … Continue reading A Local Authority v DL and Others: FD 19 Apr 2011
The court considered a request for a statutory will under the 2005 Act. Held: the Court of Protection has no jurisdiction to rule on the validity of any will. However, Munby J made three points: (1) that the 2005 Act laid down no hierarchy as between the various factors listed in section 4 which had … Continue reading In re M; ITW v Z and Others (Statutory Will): FD 12 Oct 2009
Citations: [2019] EWCOP 17 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 03 July 2022; Ref: scu.637309
The LA sought to protect an elderly couple, one without capacity from their adult son who was said to be bullying them. The court was faced with questions as to its continued inherent jurisdiction to act in a situation not covered by the 2005 Act. Held: The court’s inherent jurisdictions survived the Act. Judges: Maurice … Continue reading DL v A Local Authority and Others: CA 28 Mar 2012
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003
The applicant, a suspected Mafioso, had been detained in custody pending his trial. At the end of the maximum period of detention pending trial, he had been taken to an island where, he complained, he was unable to work, keep his family permanently with him, practise the Catholic religion or ensure his son’s education. Held: … Continue reading Guzzardi v Italy: ECHR 6 Nov 1980
Judges: Williams J Citations: [2018] EWCOP 33 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 28 May 2022; Ref: scu.634175
The court considered the validity of lasting powers of attorney in the authorisation of euthanasia, and the appointment of multiple attorneys. Judges: Baker LJ Citations: [2018] EWCOP 26 Links: Bailii Statutes: Mental Capacity Act 2005 57 Jurisdiction: England and Wales Citing: Approved – The Public Guardian’s Severance Applications CoP 19-Jun-2017 18 applications by the Public … Continue reading The Public Guardian v DA and Others: CoP 5 Oct 2018
In the circumstances of the case, where the applicant was in the advanced stage of a terminal illness (AIDS), to implement a decision by the respondent to remove the appellant to St Kitts in the West Indies would be a violation of his rights under Article 3. The applicant’s previous grave criminal offences were of … Continue reading D v United Kingdom: ECHR 1997
The distinction between the court’s ‘custodial’ and ‘protective’ jurisdictions was recognised. The case concerned the ordering of blood tests with a view to determining the paternity of a child involved in divorce proceedings. This was not a matter of upbringing in which the child’s interests (which might well be prejudiced by a finding that he … Continue reading S v McC; W v W: HL 1972
A 21 year old beneficiary of a substantial trust fund requested the trustees to apply for his benefit a sum (equal to about one-seventh of the fund) to a family charitable foundation. He would be entitled to the capital of the fund on attaining 30, in default of which the capital went to his issue … Continue reading Re Clore’s Settlement Trusts: ChD 1966
The authority had carried out an inquiry into its handling of an application for a care order. It sought to restrain republication of the report. Held: There were competing requirements under the Convention. Any jurisdiction to restrain publication must be exercised in such circumstances only to protect the children involved. The scope to act for … Continue reading In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric care under the 1983 Act. She had had two previous children by caesarian section, and … Continue reading In re AA: COP 23 Aug 2012
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
McCardie J spoke of the demand of an expanding society for an expanding common law. An agent must act bona fide in the interests of his principal. Judges: McCardie J Citations: [1924] 1 KB 566 Cited by: Cited – A and others v Secretary of State for the Home Department (No 2) HL 8-Dec-2005 Evidence … Continue reading Prager v Blatspiel, Stamp and Heacock Ltd: 1924
Judges: Her Honour Judge Brown Citations: [2021] EWCOP 47 Links: Bailii Statutes: Mental Capacity Act 2005 15 Jurisdiction: England and Wales Health Updated: 26 April 2022; Ref: scu.668172
The claimant’s husband had committed suicide. She sought damages for financial loss from his former employers under the 1976 Act. He had suffered a severe and debilitating injury working for them leading to his depression and suicide. The employers said that these damages were too remote. Held: The employer’s appeal was dismissed.Lord Bingham said: ‘Mr … Continue reading Corr v IBC Vehicles Ltd: HL 27 Feb 2008
Question about how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty. Judges: Her Honour Judge Hilder Citations: [2021] EWCOP 34, [2021] COPLR 481 Links: Bailii Statutes: Mental Capacity Act 2005 21A Jurisdiction: England and Wales Health Updated: 20 April 2022; Ref: scu.668176
D, a young adult had a mild learning disability and other more serious conditions. He was taken into a hospital providing mental health services. The external door was locked, and a declaration was sought to permit this deprivation of his liberty, and whether his parents could give consent for it. Held: (LL Carnwath and Lloyd-Jones … Continue reading In re D (A Child): SC 26 Sep 2019
Explanation of Medical Risks essential The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised. Held: The appeal failed. A mentally competent patient has an absolute right to refuse to consent to medical treatment for any reason, rational or … Continue reading Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital: HL 21 Feb 1985
D was a young adult with several disorders presenting challenging behaviour. The Hospital sought arrangements allowing control over him for his care and education. Judges: Keehan J Citations: [2016] EWCOP 8, [2016] PTSR 1129, [2016] WLR(D) 143 Links: Bailii, WLRD Statutes: Human Rights Act 1998, Mental Capacity Act 2005 2(5) Jurisdiction: England and Wales Citing: … Continue reading Birmingham City Council v D: CoP 21 Jan 2016
Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the defendant had given no thought to a risk of damage, but … Continue reading Regina v G and R: HL 16 Oct 2003
Guidance for Expert Witnesses on Capacity The court was asked as to the preparation and use of expert reports as to the capacity of a patient litigant. Held: Poole J discussed what was need of expert witness in such cases: ‘it will benefit the court if the expert bears in mind the following: a. An … Continue reading AMDC v AG and Another: CoP 18 Nov 2020
Judges: Hayden J Citations: [2016] EWCOP 54 Links: Bailii Statutes: Mental Capacity Act 2005 55(1) Jurisdiction: England and Wales Costs, Health Updated: 24 March 2022; Ref: scu.581722
Application for orders as regards treatment of Z Judges: Hayden J Citations: [2016] EWCOP 56 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 24 March 2022; Ref: scu.581721
Reasons for making deprivation of liberty order. Judges: Peter Jackson J Citations: [2016] EWCOP 47 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 24 March 2022; Ref: scu.581720
Hearing to determine wither M an 81 year old man lacking capacity should be returned to England from Portugal where he had been taken by his sister. Judges: Baker J Citations: [2016] EWCOP 45 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 24 March 2022; Ref: scu.581719
Case as to the capacity of W Judges: Ralton DJ Citations: [2016] EWCOP 58 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 24 March 2022; Ref: scu.581718
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and misfeasance. The judge below had accepted that the officer had acted in self-defence, and entered … Continue reading Ashley and Another v Sussex Police: CA 27 Jul 2006
‘The issue in this case is whether, in order for the United Kingdom to avoid being in breach of Article 5(1) of the European Convention on Human Rights (‘the Convention’), it is necessary for a welfare order to be made by the Court of Protection (‘the CoP’) pursuant to the Mental Capacity Act 2005 (‘the … Continue reading Secretary of State for Justice v Staffordshire County Council and Another: CA 22 Dec 2016
These proceedings raise, for the first time in the courts of the United Kingdom, the question how the concepts of sufficiency and infringement are to be applied to a patent relating to a specified medical use of a known pharmaceutical compound. Four issues arose: (i) the construction of the claims (in particular, Claim 3 as … Continue reading Warner-Lambert Company Llc v Generics (UK) Ltd (T/A Mylan) and Another: SC 14 Nov 2018
The right of access to the courts is not absolute but may be subject to limitations. These are permitted by implication since the right of access ‘by its very nature calls for regulation by the State, regulation which may vary in time and place according to the needs and resources of the community and of … Continue reading Ashingdane v The United Kingdom: ECHR 28 May 1985
The claimants had acted as foster carers for several years, but challenged a potential decision to discontinue that when, as committed Christians, they refused to sign to agree to treat without differentiation any child brought to them who might be homosexual. A declaration was sought as to the legality of the proposed decision. Held: A … Continue reading Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011
Challenge to the standard authorisation. Bellamy DJ [2015] EWCOP 56 Bailii Mental Capacity Act 2005 21A Health, Agency Updated: 03 January 2022; Ref: scu.551769
Challenge to deprivation of liberty order. Bellamy J [2015] EWCOP 53 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 03 January 2022; Ref: scu.551317
Mental Health : AllThe local authority had sought an order under the 2005 Act seeking a personal welfare order on the basis that it would be in KC’s best interests for him to move to a proposed placement (the Placement) on the terms of a care plan for his care, supervision and management at that … Continue reading Secretary of State for Justice v KC and C Partnership NHS Foundation Trust: UTAA 2 Jul 2015
Closed Material before Supreme Court Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it was possible for the Supreme Court to … Continue reading Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013
ECJ Judgment – Reference for a preliminary ruling – Internal market in natural gas -Directive 2003/55/EC – Article 25 – Directive 2009/73/EC – Articles 41 and 54 – Temporal application -Regulation (EC) No 1775/2005 – Article 5 – Capacity allocation mechanisms and congestion management procedures – Decision of a regulatory authority – Right to bring … Continue reading E.On Foldgaz Trade Zrt v Magyar Energetikai es Kozmu-szabalyozasi Hivatal: ECJ 19 Mar 2015
Appeals were made against pronouncements for the validity of a will and against the validity of an earlier will. The solicitor drawing the will was to receive a benefit, and had requested an independent solicitor to see the testatrix and ensure that she understood it, and that it represented her wishes. He then witnessed the … Continue reading Hoff and others v Atherton: CA 19 Nov 2004