R MIG and MEG: FD 15 Apr 2010
Citations: [2010] EWHC 785 (Fam) Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 03 September 2022; Ref: scu.430380
Citations: [2010] EWHC 785 (Fam) Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 03 September 2022; Ref: scu.430380
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
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
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
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
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
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 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
The child, now 15 suffered several conditions which led to his challenging behaviour. He had been voluntarily admitted for assessment, and awaited placement in the community, but the Health trust now sought directions confirming the lawfulness of its actions. Judges: Keehan J Citations: [2015] EWHC 922 (Fam), [2015] 3 FCR 60, (2015) 144 BMLR 210, … Continue reading Re D (A Child ; Deprivation of Liberty): FD 31 Mar 2015
Judges: Charles J Citations: [2018] EWCOP 1, [2018] 4 WLR 21, [2018] WLR(D) 24 Links: Bailii, WLRD Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 06 April 2022; Ref: scu.606858
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
The court was asked whether certain provisions in two lasting powers of attorney were effective.Nugee J said: ‘It does seem to me that it is right that the Act should be construed in a way which gives as much flexibility to donors to set out how they wish their affairs to be dealt with as … Continue reading Miles and Another v The Public Guardian: ChD 1 Jul 2015
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
[2016] EWCOP 15 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 14 January 2022; Ref: scu.562608
Application by two attorneys acting jointly under two separate Enduring Powers of Attorney for the retrospective approval of monthly payments of andpound;150 each that they have made to themselves and to their sister from the donors’ funds. Lush SJ [2015] EWCOP 84 Bailii Mental Capacity Act 2005 Agency Updated: 09 January 2022; Ref: scu.558199
Application made under section 15 of the 2005 Act for a declaration determining whether it is in the best interests of Mrs. N to receive life sustaining treatment by means of Clinically Assisted Nutrition and Hydration currently provided through a percutaneous endoscopic gastrostomy (PEG) tube. M, her daughter, strongly believes that the continuation of this … Continue reading Re N: CoP 19 Nov 2015
Lush SJ [2015] EWCOP 63 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 04 January 2022; Ref: scu.553277
Applications for welfare orders under section 16(2)(a) authorising the deprivation of liberty that, it is common ground, is being, or will be, created by the implementation of the regime of care, supervision, control and support (the care package) upon which the welfare orders are based. Charles J [2015] EWCOP 59 Bailii Mental Capacity Act 2005 … Continue reading Re NRA and Others: COP 25 Sep 2015
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
‘two provisions in the Mental Capacity Act 2005 (‘MCA’) that seem to contradict each other. Section 16(4)(b) envisages that a deputyship appointment will be of limited duration, whereas section 19(5) facilitates an appointment that could last for decades’ Lush SJ [2015] EWCOP 52 Bailii Mental Capacity Act 2005 16(4)(b) 19(5) Health, Agency Updated: 03 January … Continue reading Re H: CoP 5 Aug 2015
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
Application for reconsideration of an order made on the papers by an authorised court officer Lush SJ [2015] EWCOP 43 Bailii Mental Capacity Act 2005 51(2)(d) Health Updated: 01 January 2022; Ref: scu.549561
ECHR Article 8 Expulsion Proposed removal of a mentally ill person who had lived and worked in the host country for more than twenty years: expulsion would not constitute a violation Facts – The applicant moved from Pakistan to Germany in 1991 with her husband. Three years later her son was born. She and her … Continue reading Khan v Germany: ECHR 23 Apr 2015
Application by the Public Guardian for an order under section 16(8) of the Mental Capacity Act 2005 revoking the appointment of a deputy because he has behaved in a way that contravenes the authority conferred on him by the court or is not in the best interests of the person for whom he acts as … Continue reading re HC: CoP 23 Apr 2015
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
The case addresses the question of the extent of the duty on a local authority to ensure that a person who lacks capacity is able to challenge a deprivation of their liberty, and in particular the choice of an independent mental capacity advocate. Baker J [2015] EWCOP 5 Bailii Mental Capacity Act 2005, Mental Health … Continue reading AJ (Deprivation of Liberty Safeguards): CoP 10 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
Roderic Wood J [2010] EWHC 1544 (Fam) Bailii Mental Capacity Act 2005 England and Wales Health Updated: 06 December 2021; Ref: scu.510876
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
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
hsen_paCoP201506 The HSE sought orders under s.63 of and Schedule 3 to the 2005 Act recognising and enforcing orders by the Irish High Court for the detention of three young persons (‘PA’, ‘PB’, and ‘PC’) at a special unit known in Northampton. Held: On an application to for confirmation of a compulsory psychiatric placement under … Continue reading The Health Service Executive of Ireland v PA and Others: CoP 3 Jun 2015
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
masmCoP201501 The court considered the legal status of declaratory orders in the Court of Protection and the consequences, if any, for deliberate defiance of them. Hayden J [2015] EWCOP 3 Bailii Mental Capacity Act 2005 Contempt of Court Updated: 01 November 2021; Ref: scu.541977
ala_kCoP2013 K was a young lady llivng amid her family with Downs syndrome. The family were thought too want her to be sterilised. The local authority applied to the court to determine whether this should be prevented. It was agreed that she was not currently sexually active and that there was no health condition requiring … Continue reading A Local Authority v K: COP 15 Feb 2013
The court heard an appeal as to care directions given under the 2005 Act, and in particular whether they infringed the patient’s human rights. The judge of the Family Division took the view that a decision of the Court of Appeal was ultra vires.
Where a patient lacks capacity, there is the power to provide him with whatever treatment or care is necessary in his own best interests. Medical treatment can be undertaken in an emergency even if, through a lack of capacity, no consent had been . .
The claimant had been taken under warrant to a mental hospital, but was found not to be suffering any mental illness. She complained that the arrest was unlawful, since the police officer had not been accompanied by the people named on the warrant. . .
The appellant, detained for assessment under section 2, was too disabled to make an application to the court on her own behalf. After a dispute between her mother and the medical officer over her treatment, an application was made to the county . .
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References: [2015] EWCOP 59 Links: Bailii Coram: Charles J Applications for welfare orders under section 16(2)(a) authorising the deprivation of liberty that, it is common ground, is being, or will be, created by the implementation of the regime of care, supervision, control and support (the care package) upon which the welfare orders are based. Statutes: … Continue reading Re NRA and Others; COP 25 Sep 2015
References: [2015] EWCOP 43 Links: Bailii Coram: Lush SJ Application for reconsideration of an order made on the papers by an authorised court officer Statutes: Mental Capacity Act 2005 51(2)(d)
References: [2013] EWHC 242 (COP) Links: Bailii Coram: Cobb J K was a young lady llivng amid her family with Downs syndrome. The family were thought too want her to be sterilised. The local authority applied to the court to determine whether this should be prevented. It was agreed that she was not currently sexually … Continue reading A Local Authority v K; COP 15 Feb 2013
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Judges: Mrs Justice Lieven DBE Citations: [2021] EWCOP 44 Links: Bailii Statutes: Mental Capacity Act 2005 15 16, Mental Health Act 1983 29(3) Jurisdiction: England and Wales Health Updated: 04 December 2022; Ref: scu.668181
Judges: Mr Justice Hayden VP CoP Citations: [2021] EWCOP 14 Links: Bailii Statutes: Mental Capacity Act 2005 15 Jurisdiction: England and Wales Health Updated: 13 September 2022; Ref: scu.659240
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
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
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
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
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
‘SF is a married woman, aged 45 years old. Her husband, AF, is significantly older than her, and is retired. The couple live together. SF suffers from mild learning disability, type 2 diabetes, depression, and frontal lobe dementia; her presentation has been described as ‘extremely complex’. SF has difficulty communicating and expressing herself, and has … Continue reading Re SF: 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
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
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
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
Judges: Mrs Justice Lieven DBE Citations: [2022] EWCOP 40 Links: Bailii Statutes: Mental Capacity Act 2005 21A Jurisdiction: England and Wales Health Updated: 15 October 2022; Ref: scu.681577
Judges: The Hon Mrs Justice Judd Citations: [2022] EWCOP 35 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Education, Health Updated: 13 October 2022; Ref: scu.681579
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
Where a trustee acts under a discretion given to him by the terms of the trust the court will interfere with his action if it is clear that he would not have so acted as he did had he not failed to take into account considerations which he ought to have taken into account. The … Continue reading Mettoy Pension Trustees v Evans: ChD 1990
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
E Was born with and still suffered severe learning difficulties. The court was asked as to the extent of his capacity to make decisions, and as to where he should live, with a family member, the carer or with the local authority, which had removed him from her care. As he had become an adult, … Continue reading G v E and Others: CoP 26 Mar 2010
The 15 year old defendant appealed his conviction on the basis of recklessness, challenging, unsuccessfully, the rule in Caldwell. Held: Because recklessness was to be judged by the standard of the reasonable prudent man, expert evidence of the defendant’s capacity to foresee the risks which would arise from his setting fire to hay in a … Continue reading Regina v Coles: CACD 1995
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
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
JE, wife of DE, who had been taken into residential care by the Local authority, said that the authority had infringed his Article 5 and 8 rights on transferring him between homes. The authority asserted that he did not have mental capacity. She asserted that his retention in care was an unlawful detention. Judges: Munby … Continue reading Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006
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
Judges: McCombe, King, Peter Jackson LJJ Citations: [2019] EWCA Civ 1215, [2019] WLR(D) 390 Links: Bailii, WLRD Statutes: Abortion Act 1967, Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 13 July 2022; Ref: scu.639658
The House considered claims that the 2002 Act, which set out to make unawful the hunting of wild mammals with dogs unlawful, infringed the claimants’ human rights, in that it contravened international treaties requiring the support for traditional practices and cultures. Held: Any interference with the appellants article 11 rights was justified. The Act was … Continue reading Whaley and Another v Lord Advocate: HL 28 Nov 2007
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
Appeal against an order refusing to grant a writ of habeas corpus in respect a person who lacks capacity to make relevant decisions for himself within the meaning of the Mental Capacity Act 2005 and who was at all material times detained under Section 3 of the Mental Health Act 1983 Judges: Lord Justice Ryder … Continue reading K v The Hospital Managers of The Kingswood Centre and Another: CA 23 Oct 2014
The defendant suffered a degenerative disease affecting his mental capacity, and at trial the issue of his fitness to plead arose. Held: Where the issue of unfitness arose it was necessary for the court to exercise very careful case management ensuring that it was supplied with proper information and acted quickly. In this case the … Continue reading Norman, Regina v: CACD 31 Jul 2008
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 court considered the direction to be given as to the existence of provocation so as to reduce a charge of murder to one of manslaughter. The reasonable man in the definition should be one with the defendant’s mental condition. ‘The judge should state what the question is using the very terms of the section. … Continue reading Regina (Director of Public Prosecutions) v Camplin: HL 1978
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
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
The 22-year old defendant had a mental age of 9 years. He said it was inappropriate when judging the availability of the defence of provocation to a charge of murder to ignore that fact. The Recorder of London ruled that, having regard to the test of the reasonable man in Camplin, in order to attribute … Continue reading Regina v Raven: CACD 1982
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
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
The patient an elderly lady with limited mental capacity was to be returned from hospital, but her daughter said she was to come home. The local authority sought to prevent this, wanting to return her to a residential unit where she had lived for some months. The court had held that the patient lacked capacity … Continue reading In re PS (an Adult), Re; City of Sunderland v PS by her litigation friend the Offcial Solcicitor and CA; Re PS (Incapacitated or Vulnerable Adult): FD 9 Mar 2007
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
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 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
Ascertaining Meaning of Words for Defamation The Daily Telegraph had published an article headed ‘Inquiry on Firm by City Police’ and the Daily Mail had published an article headed ‘Fraud Squad Probe Firm’. The plaintiffs claimed that those articles carried the meaning that they were guilty of fraud. The defendants admitted that the articles were … Continue reading Lewis v Daily Telegraph Ltd: HL 1964
The son of the family who lacked capacity and required a high degree of assistance in his care was taken to hospital, but then removed from there and placed for care without his mother being told where he was. Having grown up he complained of the Local Authority’s actions. The LA now argued that the … Continue reading YA (F) v A Local Authority: FD 2 Sep 2010
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
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
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 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
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
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
Hilder DJ [2015] EWCOP 36 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 30 December 2021; Ref: scu.547520