Search Results for: Mental Capacity Act 2005 5

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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

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

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

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

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

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

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

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

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

The Public Guardian v DA and Others: CoP 5 Oct 2018

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

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

L v United Kingdom: ECHR 5 Oct 2004

The claimant had suffered mental illness and threatened to hurt himself. He was taken into hospital as a voluntary patient, but in effect detained compulsorily. He lacked capacity to consent to medical treatment. Held: The holding of a patient informally amounted to a detention, and that detention was unlawful. It made no difference whether the … Continue reading L v United Kingdom: ECHR 5 Oct 2004

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

In Re F (Adult: Court’s Jurisdiction): CA 25 Jul 2000

The local authority sought a declaration as to its rights to control the daily activities of an eighteen year old, who was incapable of managing her own affairs but was not subject to mental health legislation. Held: There remained an inherent jurisdiction which the court could exercise through the doctrine of necessity. The subject was … Continue reading In Re F (Adult: Court’s Jurisdiction): CA 25 Jul 2000

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

Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital: HL 21 Feb 1985

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

Re D (A Child ; Deprivation of Liberty): FD 31 Mar 2015

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

Gillick v West Norfolk and Wisbech Area Health Authority and Department of Health and Social Security: HL 17 Oct 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

DM v Y City Council: CoP 15 Jun 2017

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

Shui v University of Manchester and Others: EAT 25 Jul 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

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

Miles and Another v The Public Guardian: ChD 1 Jul 2015

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

Briggs v Briggs and Others (EWCOP 53): CoP 20 Dec 2016

The court considered whether to order continuation of hydration and releated treatment for a patient in a minimally conscious state. Held: ‘I am sure that if Mr Briggs had been sitting in my chair and heard all the evidence and argument he would, in exercise of his right of self-determination, not have consented to further … Continue reading Briggs v Briggs and Others (EWCOP 53): CoP 20 Dec 2016

Ashingdane v The United Kingdom: ECHR 28 May 1985

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

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

Re WP Deceased and EP: CoP 8 Dec 2015

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

Re N: CoP 19 Nov 2015

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

Re NRA and Others: COP 25 Sep 2015

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

Re H: CoP 5 Aug 2015

‘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

Secretary of State for Justice v KC and C Partnership NHS Foundation Trust: UTAA 2 Jul 2015

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

E.On Foldgaz Trade Zrt v Magyar Energetikai es Kozmu-szabalyozasi Hivatal: ECJ 19 Mar 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

AJ (Deprivation of Liberty Safeguards): CoP 10 Feb 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

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

Key and Another v Key and Others: ChD 5 Mar 2010

The will was challenged for want of testamentary capacity. The testator was 89 years old, and the will was made within a week of the death of his wife of 65 years and without the solicitor having taken any proper steps to satisfy himself as to the testator’s testamentary capacity. Held: The will failed. When … Continue reading Key and Another v Key and Others: ChD 5 Mar 2010

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

James, Regina v; Regina v Karimi: CACD 25 Jan 2006

The defendants appealed their convictions for murder, saying that the court had not properly guided the jury on provocation. The court was faced with apparently conflicting decision of the House of Lords (Smith) and the Privy Council (Holley). Held: ‘The rule that this court must always follow a decision of the House of Lords and, … Continue reading James, Regina v; Regina v Karimi: CACD 25 Jan 2006

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

The Health Service Executive of Ireland v PA and Others: CoP 3 Jun 2015

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

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

Bolam v Friern Hospital Management Committee: QBD 1957

Professional to use Skilled Persons Ordinary Care Negligence was alleged against a doctor. Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test is the standard of the … Continue reading Bolam v Friern Hospital Management Committee: QBD 1957

A Local Authority v K: COP 15 Feb 2013

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

Re NRA and Others; COP 25 Sep 2015

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

GN v Newland; COP 29 Jun 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)

A Local Authority v K; COP 15 Feb 2013

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

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 Public Guardian’s Severance Applications: CoP 19 Jun 2017

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

Saltman Engineering Co v Campbell Engineering Co Ltd: CA 1948

The plaintiffs instructed the defendant to make tools for the manufacture of leather punches in accordance with drawings which the plaintiffs provided to the defendant for this purpose. The defendant used the drawings to make tools, and the tools to make leather punches, on their own account. The finished product (i.e. the leather punches) were … Continue reading Saltman Engineering Co v Campbell Engineering Co Ltd: CA 1948

Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006

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

Pitt and Another v Holt and Another: ChD 18 Jan 2010

The claimant sought to unravel a settlement she had made as receiver for her late husband, saying that it had been made without consideration of its Inheritance Tax implications. The Revenue said that there was no operative mistake so as to allow the rule in Hastings-Bass to apply allowing the variation. Held: For the rule … Continue reading Pitt and Another v Holt and Another: ChD 18 Jan 2010

W v L: CA 1974

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

Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992

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