The claimant was a mental patient under compulsory detention, and complained that he had been subjected to periods of seclusion. Held: The appeal succeeded. The hospital had failed to follow the appropriate Code of Practice. The Code was not obligatory, but following it would generally ensure that a patient’s rights were not infringed. It recognised … Continue reading Munjaz v Mersey Care National Health Service Trust And the Secretary of State for Health, the National Association for Mental Health (Mind) Respondent interested;: CA 16 Jul 2003
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have been formally detained. Held: The appeal succeeded. His detention had not been … Continue reading In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L: HL 25 Jun 1998
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
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 . .
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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
Jurisdiction of the Court of Protection PO, a lady in her late eighties lacked capacity to decide her own care. She had been habitually resident in Hertfordshire. Her daughters now challenged their brother who had moved her to a care home in Scotland when he himself moved there. An interim guardianship order had been made … Continue reading JO v GO and Others; re PO; Re O (Court of Protection: Jurisdiction): CoP 13 Dec 2013
Whether Lasting Power of Attorney validly witnessed Judges: Hilder J Citations:  EWCOP 13 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Agency Updated: 03 July 2022; Ref: scu.637307
Judges: Lieven DBE J Citations:  EWCOP 10 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 03 July 2022; Ref: scu.637301
Citations:  EWCOP 17 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 03 July 2022; Ref: scu.637309
Whether patent has capacity to decide living arrangements. Judges: Hilder HHJ Citations:  EWCOP 8 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 30 June 2022; Ref: scu.637303
Determination of care of AJ Judges: Hilder HHJ Citations:  EWCOP 44 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 30 June 2022; Ref: scu.637306
Judges: Baker LJ Citations:  EWCOP 9 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 30 June 2022; Ref: scu.637300
Hospital’s application for declaration of lack of capacity in a patient. Judges: Francis J Citations:  EWCOP 7 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 29 June 2022; Ref: scu.637298
Capacity To Conduct Proceedings Citations:  EWCOP 14 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health, Litigation Practice Updated: 29 June 2022; Ref: scu.637308
Judges: Mrs Justice Andrews Citations:  EWHC 2735 (Admin),  WLR(D) 646 Links: Bailii, WLRD Statutes: Mental Capacity Act 2005, Learning and Skills Act 2000 Jurisdiction: England and Wales Education Updated: 03 June 2022; Ref: scu.628047
Judges: Williams J Citations:  EWCOP 33 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 28 May 2022; Ref: scu.634175
Appeal from decision that DM lacked capacity to litigate. Judges: Roberts DBE J Citations:  EWCOP 4 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 11 May 2022; Ref: scu.634238
The patient had been attending a course in the UK for her work. She suffered a further episode of a bipolar condition. Being pregnant she stopped taking her medication. Her mental condition deteriorated, and she was taken into secure psychiatric care under the 1983 Act. She had had two previous children by caesarian section, and … Continue reading In re AA: COP 23 Aug 2012
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
Judges: H.H.Judge Kate Buckingham Citations:  EWCOP 36 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health, Agency Updated: 27 April 2022; Ref: scu.634169
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007
Citations:  EWCA Civ 1067 Links: Bailii Statutes: Mental Capacity Act 2005 4 Jurisdiction: England and Wales Health Updated: 22 April 2022; Ref: scu.616334
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
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:  EWHC 922 (Fam),  3 FCR 60, (2015) 144 BMLR 210, … Continue reading Re D (A Child ; Deprivation of Liberty): FD 31 Mar 2015
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
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
Judges: District Judge Beckley Citations:  EWCOP 1 Links: Bailii Statutes: Mental Capacity Act 2005 18(1)(h) Jurisdiction: England and Wales Health, Trusts Updated: 30 March 2022; Ref: scu.633462
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 court gave directions in Forced Marriage Protection order applications. An order had been made at the request of the police on behalf of A, and the court had declined to discharge it on A’s own application. Held: Special advocates were not needed in this case; ‘there is nothing that a special advocate could do … Continue reading Chief Constable and Another v YK and Others: FD 6 Oct 2010
This case raises the question of 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, … Continue reading B (A Local Authority) v RM and Others: FD 15 Oct 2010
Lush SJ  EWCOP 63 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 04 January 2022; Ref: scu.553277
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
Money expended by a tenant on discharging his landlord’s covenants will in appropriate circumstances operate as a partial or a complete discharge so as to furnish a defence at law to a claim for unpaid rent; and where the tenant has suffered damage by the breach rather than paid money to remedy it, an equitable … Continue reading British Anzani (Felixstowe) Ltd v International Marine Management (UK) Ltd: ChD 19 Dec 1978
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. Held: Article 5(1)(a) is concerned with the question whether the detention is permissible. Its object and … Continue reading Winterwerp v The Netherlands: ECHR 24 Oct 1979
The respondent had been detained after conviction for arson, under the 1983 Act, and was liable to indefinite detention in hospital for medical treatment and dischargeable only by the Appellant or the First Tier Tribunal, possibly only as a conditional release. He said that that was discriminatory. Held: (Lord Hughes dissenting) The appeal failed. The … Continue reading Secretary of State for Justice v MM: SC 28 Nov 2018
(Court of Protection) The court was asked whether, if P could be found to lack mental capacity where he should live, where there was an essential conflict between representatives of the State who owe statutory duties to P on the one hand, and the view of his carer of 18-plus years standing on the other, … Continue reading A Primary Care Trust v P and Others: Misc 21 Dec 2009
Order for Journalist to Disclose Sources The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have originated in the hospital. Held: An order requiring disclosure … Continue reading Ashworth Security Hospital v MGN Limited: HL 27 Jun 2002
A trustee has a duty to exploit any available opportunity for the trust. ‘Rules of equity have to be applied to such a great diversity of circumstances that they can be stated only in the most general terms and applied with particular attention to the exact circumstances of each case. The relevant rule for the … Continue reading Phipps v Boardman: HL 3 Nov 1966
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
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. Tne relationship is in contract between the club and its member. Sir Thomas Bingham MR: ‘No serious racecourse management, owner, trainer … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory authority, could order a closed material procedure for part or all of the trial of … Continue reading Al Rawi and Others v The Security Service and Others: CA 4 May 2010
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
Lost Earnings claim Continues after Death The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives appealed. Held: The House assumed that, because the claimant had brought … Continue reading Pickett v British Rail Engineering: HL 2 Nov 1978
The court was asked whether a court order must always be obtained before clinically assisted nutrition and hydration, which is keeping alive a person with a prolonged disorder of consciousness, can be withdrawn, or whether, in some circumstances, . .
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 . .
Orse In re Briggs (Incapacitated Person) . .
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 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 . .
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 . .
Reasons for interim order . .
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 . .
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 . .
The Court considered the factors relevant to making the determinations of capacity which are under challenge and as to the approach to assessment of capacity when the absence of capacity to make a particular decision would conflict with a conclusion . .
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
A trustee has a duty to exploit any available opportunity for the trust. ‘Rules of equity have to be applied to such a great diversity of circumstances that they can be stated only in the most general terms and applied with particular attention to . .