Search Results for: Mental Capacity Act 2005

Click the case name for better results:

Regina v Hussein: CACD 16 Dec 2005

Whether a procedural mistake might lead to the need for a venire de novo. Citations: [2005] EWCA Crim 3556 Jurisdiction: England and Wales Cited by: Cited – Norman, Regina v CACD 31-Jul-2008 The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose. Held: Where … Continue reading Regina v Hussein: CACD 16 Dec 2005

Regina v C (Mental disorder: Sexual activity): CACD 23 May 2008

The defendant appealed his conviction of sexual activity with a person wth a mental disorder. He said that the victim had consented. The court had said that her consent was vitiated by virtue of her mental disorder. Held: For mental disorder or incapacity to found such a prosecution, the lack of capacity had to be … Continue reading Regina v C (Mental disorder: Sexual activity): CACD 23 May 2008

B, Regina (on the Application of) v Ashworth Hospital Authority: HL 17 Mar 2005

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

E v Channel Four, News International Ltd and St Helens Borough Council: FD 1 Jun 2005

The applicant sought an order restraining publication by the defendants of material, saying she did not have capacity to consent to the publication. She suffered a multiple personality disorder. She did herself however clearly wish the film to be broadcast, and she wished to criticise her care. Held: An injunction was refused. ‘If Pamela has … Continue reading E v Channel Four, News International Ltd and St Helens Borough Council: FD 1 Jun 2005

A v The Archbishop of Birmingham: QBD 30 Jun 2005

Assessment of damages following child abuse by Catholic priest. Held: General damages of andpound;50,000 were in line with Coxon and were approved. A had not been shown to be, and is not, incapable of managing his affairs. The court differed from the conclusion of the Court of Protection. Damages should be awarded on the basis … Continue reading A v The Archbishop of Birmingham: QBD 30 Jun 2005

Quayle and others v Regina, Attorney General’s Reference (No. 2 of 2004): CACD 27 May 2005

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

Penelope Wilson v Howard (Pawnbrokers) Ltd: CA 4 Feb 2005

The customer challenged a series of pawn agreements. The broker appealed the finding that the contracts were invalid, on the basis that the judgment had created an unjust enrichment. Held: The appeal failed: ‘in pawn transactions the debtor is particularly at risk because there is nothing to stop the pawnbroker selling the security in order … Continue reading Penelope Wilson v Howard (Pawnbrokers) Ltd: CA 4 Feb 2005

Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004

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

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 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

In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998

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

Bowman v Fels (Bar Council and Others intervening): CA 8 Mar 2005

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

Austin and Saxby v Commissioner of the Police for the Metropolis: QBD 23 Mar 2005

Towards the end of a substantial May Day demonstration on the streets of London, police surrounded about 3,000 people in Oxford Circus and did not allow them to leave for seven hours. The claimant who was present, but not involved in any of the organisation sought damages. Held: Police have powers to act out of … Continue reading Austin and Saxby v Commissioner of the Police for the Metropolis: QBD 23 Mar 2005

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 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

Re KG (Capacity): CoP 6 May 2021

Whether KG has capacity to decide about his residence and care, and – if appropriate – a best interests decision about his future in those respects. Judges: The Honourable Mr Justice Cobb Citations: [2021] EWCOP 30 Links: Bailii Statutes: Mental Capacity Act 2005 21A Jurisdiction: England and Wales Health Updated: 21 April 2022; Ref: scu.662828

M v M (Financial Relief: Substantial Earning Capacity): FD 29 Mar 2004

The parties had been married for 12 years, there were three children, one with special needs, and assets of over 12 million pounds. The court considered the application for ancillary relief. It was substantially agreed that the wife should receive half of the assets at the date of separation, but she sought a similar proportion … Continue reading M v M (Financial Relief: Substantial Earning Capacity): FD 29 Mar 2004

AN, Regina (on the Application of) v Mental Health Review Tribunal (Northern Region) and others: CA 21 Dec 2005

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

The Mental Health Trust and Others v DD and Another: CoP 4 Feb 2015

DD, a 36 year old woman with Autistic Spectrum Disorder with additional low IQ, a probable history of abuse, and complex obstetric history. She was in a long term relationship with a man with lower IQ and also some autism. She had had 5 children, and the court had considered already a further sixth pregnancy. … Continue reading The Mental Health Trust and Others v DD and Another: CoP 4 Feb 2015

A Local Authority v MA and others; Re SA (Vulnerable Adult with Capacity: Marriage): FD 15 Dec 2005

Munby J discussed the court’s inherent powers to make orders to protect the welfare of a vulnerable adult: ‘It is elementary that the court exercises its powers by reference to the incompetent adult’s best interests . . The particular form of order will, naturally, depend upon the particular circumstances of the case.’ As to the … Continue reading A Local Authority v MA and others; Re SA (Vulnerable Adult with Capacity: Marriage): FD 15 Dec 2005

Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals): HL 27 Jan 2005

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

Autologic Holdings Plc and others v Commissioners of Inland Revenue: HL 28 Jul 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

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

The Health Service Executive of Ireland v Moorgate: CoP 11 Mar 2020

Consideration of whether the necessary criteria are met for the recognition and enforcement of protective measures contained in an order made by the Irish High Court on 4th February 2020. The order was made by the President of the Irish High Court on the application of the Health Service Executive of Ireland (‘HSE’). The order … Continue reading The Health Service Executive of Ireland v Moorgate: CoP 11 Mar 2020

University Hospitals Bristol NHS Foundation Trust v RR: CoP 9 Aug 2019

The Court was asked to make declarations in relation to a young man specifically in relation to easing his passing. Specifically, his capacity to make decisions around his care for himself; and, secondly, if he lacks capacity, to consider and, if appropriate, approve a palliative care plan to allow him to die, (which is likely … Continue reading University Hospitals Bristol NHS Foundation Trust v RR: CoP 9 Aug 2019

Serious Medical Treatment, Guidance: CoP 17 Jan 2020

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

BP v Surrey County Council and Another: CoP 25 Mar 2020

‘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

Sunderland City Council v AS and Others: CoP 20 Mar 2020

Sunderland City Council seeks section 15 (ibid.) declarations in relation to AS’s capacity to make a range of relevant decisions, and (subject to my determination on capacity) various best interests’ determinations; it further seeks authority to deprive AS of his liberty at his accommodation and in the community. Judges: The Honourable Mr Justice Cobb Citations: … Continue reading Sunderland City Council v AS and Others: CoP 20 Mar 2020

QJ v A Local Authority: CoP 21 Jan 2020

Judges: Mr Justice Hayden Citations: [2020] EWCOP 3 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Cited by: See Also – QJ v A Local Authority and Another CoP 29-Jan-2020 . . Lists of cited by and citing cases may be incomplete. Health Updated: 22 November 2022; Ref: scu.650596

ACC and Others (Property and Affairs Deputy ; Recovering Assets Costs for Legal Proceedings): CoP 27 Feb 2020

The common issue in each matter is whether, and in what circumstances, the deputy can recover from the protected person’s assets costs which have been or are likely to be incurred in legal proceedings. Judges: Her Honour Judge Hilder Citations: [2020] EWCOP 9 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health, … Continue reading ACC and Others (Property and Affairs Deputy ; Recovering Assets Costs for Legal Proceedings): CoP 27 Feb 2020

ZH v The Commissioner of Police for The Metropolis: QBD 14 Mar 2012

The claimant sought damages. He was severely autistic needing one to one support. On a familiarisation visit to a swimming pool he became transfixed by the water. A pool lifeguard was told not to touch him, but his carers were unable to distract him, and the pool management called the police as he became agitated. … Continue reading ZH v The Commissioner of Police for The Metropolis: QBD 14 Mar 2012

An NHS Trust v DJ and Others: CoP 6 Dec 2012

The patient, a 68 year old man did not have mental capacity to make decisions as to his treatment. The family and hospital had long-standing disagreements about his care. The hospital now sought an order to allow his non-resuscitation in the event of a serious further deterioration of specified sorts. He now suffered cancer of … Continue reading An NHS Trust v DJ and Others: CoP 6 Dec 2012

Aintree University Hospitals NHS Foundation Trust v James and Others: CA 1 Mar 2013

The patient had been found to lack capacity to litigate and make decisions as to his medical treatment. The Hospital appealed against rejection of its request for a declaration that it would be lawful to withhold treatment in the case of clinical deterioration, in particular the making of a ‘Do not attempt to Resuscitate’ instruction. … Continue reading Aintree University Hospitals NHS Foundation Trust v James and Others: CA 1 Mar 2013

Leicester City Council v MPZ: CoP 29 Nov 2019

Mary (not her real name) is a 31 year old woman with a learning disability associated with a history of social and functional skills impairment and significant cognitive impairments. The Court considered her capacity and whether Mary is a vulnerable adult in respect of whom the court should consider making orders to protect her pursuant … Continue reading Leicester City Council v MPZ: CoP 29 Nov 2019

Tracey, Regina (on The Application of) v Cambridge University Hospital NHS Foundation and Others: Admn 19 Dec 2012

The claimant sought judicial review of the decisions by the respondent as to the care of his late wife, particularly as to the use of ‘ Do Not Attempt Cardio-Pulmonary Resuscitation’ orders. Judges: Nicola Davies DBE J Citations: [2012] EWHC 3670 (Admin) Links: Bailii Statutes: Mental Capacity Act 2005 37, Mental Capacity Act 2005 (Independent … Continue reading Tracey, Regina (on The Application of) v Cambridge University Hospital NHS Foundation and Others: Admn 19 Dec 2012

Re Clarke: CoP 24 Oct 2012

Mrs Clarke had successfully established her capacity before the court. She now resisted the costs of the application being charged on her property. Judges: Peter Jackson J Citations: [2012] EWHC 2947 (COP) Links: Bailii Statutes: Mental Capacity Act 2005 Family, Costs Updated: 05 November 2022; Ref: scu.465182

A Local Authority v A and Another: CoP 24 Jun 2010

Bodey J set out the test of capacity as to whether a woman of low intelligence could herself decide whether to use contraception. The test for capacity to be applied to ascertain a woman’s ability to understand and weigh up the immediate medical issues surrounding contraceptive treatment includes consideration of: (a) the reason for contraception … Continue reading A Local Authority v A and Another: CoP 24 Jun 2010

Re G, (Court of Protection: Injunction): CA 11 Oct 2022

The Court considered the legal test to be applied by the Court of Protection when considering an application for an injunction. Judges: Lord Justice Baker Lord Justice Phillips And Lord Justice Nugee Citations: [2022] EWCA Civ 1312 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Litigation Practice Updated: 23 October 2022; Ref: … Continue reading Re G, (Court of Protection: Injunction): CA 11 Oct 2022

A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014

X suffered both severe anorexia and alcoholism. She had in the past been repeatedly and compulsorily admitted to hospital for treatment, but her doctors considered that whilst this might be life extending treatment it had proved ineffective and unethical. They sought a declaration that they may not be obliged to offer the treatment again. The … Continue reading A NHS Foundation Trust v Ms X (By Her Litigation Friend, The Official Solicitor): CoP 8 Oct 2014

P and Q v Surrey County Council: CA 28 Feb 2011

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

B (A Local Authority) v RM and Others: FD 15 Oct 2010

The court was asked whether and if so, on what basis a Court considering an application for a care order in respect of a young person with lifelong disabilities should transfer the case to the Court of Protection to be dealt with under the Mental Capacity Act, 2005, rather than the Children Act, 1989. Judges: … Continue reading B (A Local Authority) v RM and Others: FD 15 Oct 2010

NT v FS and Others: CoP 26 Mar 2013

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

ACCG and Another v MN and Others: CoP 20 Nov 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

KD and Another v London Borough of Havering: CoP 19 Oct 2009

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

Re F: FD 28 May 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

Tonstate Group Ltd and Others v Wojakovski: ChD 15 Jul 2022

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

W Primary Care Trust v TB and Others: Fd 17 Jul 2009

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

Commissioner of Police for The Metropolis v ZH: CA 14 Feb 2013

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

A Local Authority v DL and Others: FD 19 Apr 2011

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

In re M; ITW v Z and Others (Statutory Will): FD 12 Oct 2009

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