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
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
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 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. . .
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 court considered the validity of lasting powers of attorney in the authorisation of euthanasia, and the appointment of multiple attorneys. Judges: Baker LJ Citations:  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
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 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
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 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 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
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
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
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
Judges: Baker J Citations:  EWCOP 2 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 06 April 2022; Ref: scu.606857
Application re withdrawal of ventilation treatment Judges: Hayden J Citations:  EWCOP 57 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 28 March 2022; Ref: scu.592357
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
Judges: Hayden J Citations:  EWHC 3256 (Fam) Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 29 January 2022; Ref: scu.573707
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
Application for statutory will and transfer of patient’s land. Judges: Walden-Smith HHJ Citations:  EWCOP 52 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health, Wills and Probate Updated: 28 January 2022; Ref: scu.573096
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
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
The court considered so-called Deprivation of Liberty Safeguards for several test cases of older people suffering some form of dementia. Baker J  EWCOP 49 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 27 January 2022; Ref: scu.572428
Peter Jackson J  EWCOP 43 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570861
Farquar HHJ  EWCOP B2 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570859
Eldergill DJ  EWCOP 40 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570858
Mark Rogers HHJ  EWCOP 41 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570857
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
A, an adult and severely disabled, still had remarkable gifts. The newspapers wished to attend and report on proceedings before the Court of Protection. Held: Proceedings in the Court fell within the range of recognised exception for open justice. It was for an applicant to demonstrate good reason why the article ten rights should be … Continue reading Independent News and Media Ltd and Others v A: FD 12 Nov 2009
The LA sought a declaration as to JB’s lack of capacity to consent to sexual relations. Lord Briggs, Lady Arden, Lord Burrows, Lord Stephens, Lady Rose  UKSC 52 Bailii, Bailii Press Summary, Bailii Issues and Facts Mental Capacity Act 2005 England and Wales Citing: Appeal from – A Local Authority v JB CA 11-Jun-2020 … Continue reading A Local Authority v JB: SC 24 Nov 2021
The trust sought a declaration as regards its treatment of Dr A, a resident patient who had begun a hunger strike. The trust sought a declaration as to his capacity and possible compulsory feeding. Baker J  EWHC 2442 (COP) Bailii Mental Capacity Act 2005 Health, Agency Updated: 25 November 2021; Ref: scu.517571
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
A contract was made for the sale of a plot of land adjoining a house belonging to the plaintiff (the vendor) but occupied by his tenants, under which the defendant (the purchaser) undertook to build a house on the plot and also to erect a wall to a certain specification on the plot so as … Continue reading Radford v De Froberville: 2 Jan 1977
The claimants complained of their segregation while in prison. Several preliminary questions were to be decided: whether damages might be payable for breach of a Convention Right; wheher the act of a prison governor was the act of the executive; whether time ran from the date of the first breach, whether want of proportionality is … Continue reading Somerville v Scottish Ministers: HL 24 Oct 2007
Lack of Capacity – Effect on Proceedings The Court was asked ‘First, what is the test for deciding whether a person lacks the mental capacity to conduct legal proceedings on her own behalf (in which case the Civil Procedure Rules require that she has a litigation friend to conduct the proceedings for her)? Second, what … Continue reading Dunhill v Burgin: SC 12 Mar 2014
The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the proceedings held in private. Held: Their appeal against the order allowing access failed. The normal rule … Continue reading A v Independent News and Media Ltd and Others: CA 31 Mar 2010
(Hong Kong) On a trial for murder the defendant relied on the defences of diminished responsibility and provocation. Medical evidence showed the defendant suffered from brain damage and was prone to respond to minor provocation by losing his self-control and acting explosively. The trial judge directed the jury that this medical evidence was not relevant … Continue reading Luc Thiet Thuan v The Queen: PC 2 Apr 1996
The couple going through the divorce each had substantial farms and wished to continue farming. It had been a long marriage. Held: Where a division of the assets of a family would satisfy the reasonable needs of either party on an ancillary relief application on a divorce, the court should include consideration of why any … Continue reading White v White: HL 26 Oct 2000
The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014
Trustees of a settlement had exercised their power of advancement under the section, in order to save estate duty by transferring investments to be held on the trusts of a later settlement. However the actual effect of the advancement was that the trusts in remainder were void for perpetuity. Held: A trustee when exercising a … Continue reading Re Hastings-Bass; Hastings v Inland Revenue: CA 14 Mar 1974
The claimant firm of solicitors had been found negligent, and now sought a contribution to the damages awarded from the barrister defendant. They had not managed properly issues as to their clients competence to handle the proceedings. Held: The standard of care required was that: ‘the barrister must conduct himself in his professional work with … Continue reading McFaddens (A Firm) v Platford: TCC 30 Jan 2009
The patient was due to deliver a child. A delivery by cesarean section was necessary, but the mother had a great fear of needles, and despite consenting to the operation, refused the necessary consent to anesthesia in any workable form.
Held: . .
The hospital where a gravely ill man had been treated had asked for a declaration that it would be in his best interests to withhold certain life-sustaining treatments from him. When can it be in the best interests of a living patient to withhold . .
The Court considered whether the disagreement about whether it was in the best interests of Mr B for him to be given clinically assisted nutrition and hydration, was one which could be determined . .
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 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 . .
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 . .
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 . .
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 . .
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 . .
E, now aged 19, suffered a genetic disorder leading to severe learning disability and lack of mental capacity. He had been in the care of his sister, the appellant, but had been removed by the local authority when his behaviour became disturbed. G, . .
The court considered how the court should exercise any jurisdiction to make declarations.
Held: The House (Lord Dunedin) referred, with approval, to the approach taken by the Scottish Courts, identifying three propositions, namely that the . .
The parties disputed the restriction imposed on the patient LDV who lacked capacity. . .
References:  EWCOP 48,  WLR(D) 634 Links: Bailii, WLRD Coram: Charles J Ratio: The Court considered whether the disagreement about whether it was in the best interests of Mr B for him to be given clinically assisted nutrition and hydration, was one which could be determined Statutes: Mental Capacity Act 2005 Jurisdiction: England and … Continue reading Briggs v Briggs and Others: CoP 24 Nov 2016
References:  1 WLR 1262 Coram: Oliver J A contract was made for the sale of a plot of land adjoining a house belonging to the plaintiff (the vendor) but occupied by his tenants, under which the defendant (the purchaser) undertook to build a house on the plot and also to erect a wall to … Continue reading Radford v De Froberville; 2 Jan 1977