Search Results for: Mental Capacity Act 2005 1 2 3

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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

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

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

S v McC; W v W: HL 1972

The distinction between the court’s ‘custodial’ and ‘protective’ jurisdictions was recognised. The case concerned the ordering of blood tests with a view to determining the paternity of a child involved in divorce proceedings. This was not a matter of upbringing in which the child’s interests (which might well be prejudiced by a finding that he … Continue reading S v McC; W v W: HL 1972

In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003

The authority had carried out an inquiry into its handling of an application for a care order. It sought to restrain republication of the report. Held: There were competing requirements under the Convention. Any jurisdiction to restrain publication must be exercised in such circumstances only to protect the children involved. The scope to act for … Continue reading In re a local authority (Inquiry: restraint on publication); A Local Authority v A Health Authority and A: FD 27 Nov 2003

Lehtimaki and Others v Cooper: SC 29 Jul 2020

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

London Borough of Islington v EF: FD 18 Mar 2022

The application is the local authority’s (LA) for orders pursuant to the inherent jurisdiction specifically to prohibit her from travelling to Brazil for an initial further period of 6 months and for HM Passport Office to hold her passport for this period. Judges: Mr a Verdan QC (Sitting as a Deputy High Court Judge) Citations: … Continue reading London Borough of Islington v EF: FD 18 Mar 2022

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

Corr v IBC Vehicles Ltd: HL 27 Feb 2008

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

Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

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

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

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

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

In re YC: CoP 27 May 2021

Question about how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty. Judges: Her Honour Judge Hilder Citations: [2021] EWCOP 34, [2021] COPLR 481 Links: Bailii Statutes: Mental Capacity Act 2005 21A Jurisdiction: England and Wales Health Updated: 20 April 2022; Ref: scu.668176

In re D (A Child): SC 26 Sep 2019

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

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

HL v United Kingdom: ECHR 2004

Lack of Patient Safeguards was Infringement The claimant had been detained at a mental hospital as in ‘informal patient’. He was an autistic adult. He had been recommended for release by the Mental Health Review Tribunal, and it was decided that he should be released. He was detained further pending suitable arrangements being made for … Continue reading HL v United Kingdom: ECHR 2004

Surrey County Council v MB and Others: FD 9 Oct 2007

The MCA 2005 had specifically codified the approach and principles previously recognised and applied under the inherent jurisdiction Judges: Charles J Citations: [2007] EWHC 3085 (Fam) Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Cited by: Cited – G v E and Others CA 16-Jul-2010 E, now aged 19, suffered a genetic … Continue reading Surrey County Council v MB and Others: FD 9 Oct 2007

Birmingham City Council v D: CoP 21 Jan 2016

D was a young adult with several disorders presenting challenging behaviour. The Hospital sought arrangements allowing control over him for his care and education. Judges: Keehan J Citations: [2016] EWCOP 8, [2016] PTSR 1129, [2016] WLR(D) 143 Links: Bailii, WLRD Statutes: Human Rights Act 1998, Mental Capacity Act 2005 2(5) Jurisdiction: England and Wales Citing: … Continue reading Birmingham City Council v D: CoP 21 Jan 2016

P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014

Deprivation of Liberty P and Q were two adolescent sisters without capacity. They complained that the arrangements made for their care amounted to an unjustified deprivation of liberty, and now appealed against rejection of their cases. In the second case, P, an adult male, again without capacity, also complained as to the arrangements for his … Continue reading P (By His Litigation Friend The Official Solicitor) v Cheshire West and Chester Council and Another and similar: SC 19 Mar 2014

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

The Secretary of State for The Home Department v Skripal: CoP 22 Mar 2018

The patient was without capacity at least temporarily after a apparent attack against him with a nerve agent. To continue the investigation, police needed blood and other samples. The court’s permission was now requested to take the samples through a personal welfare order. Judges: Williams J Citations: [2018] EWCOP 6 Links: Bailii Statutes: Mental Capacity … Continue reading The Secretary of State for The Home Department v Skripal: CoP 22 Mar 2018

NHS Dorset Clinical Commissioning Group v LB and SHC: CoP 28 Mar 2018

Cases had been begun testing the system for the deprivation of liberty of mental health patients, but then withdrawn. The Court now considered how to deal with the costs. Held: No order for costs was to be made. Judges: Baker J Citations: [2018] EWCOP 7 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and … Continue reading NHS Dorset Clinical Commissioning Group v LB and SHC: CoP 28 Mar 2018

Cheshire West and Chester Council v P and Another: COP 14 Jun 2011

The patient, an adult without capacity and with Down’s syndrome and cerebral palsy complained of his treatment, when in order to prevent his habit of eating his nappy, they dressed him in an adult babygrow costume. The court was asked whether the circumstances in which a man who lacks capacity amount to a deprivation of … Continue reading Cheshire West and Chester Council v P and Another: COP 14 Jun 2011

LBL v RYJ and Another: CoP 22 Sep 2010

Whether RYJ lacked capacity to litigate. Held: For such capacity the person must understand the salient information but not necessarily all the peripheral detail. Judges: Macur J Citations: [2010] EWHC 2665 (COP), [2011] Fam Law 242, [2011] 1 FLR 1279 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Cited by: Cited – … Continue reading LBL v RYJ and Another: CoP 22 Sep 2010

Lewis v Daily Telegraph Ltd: HL 1964

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

Mazhar v The Lord Chancellor: FD 12 Oct 2017

The claimant had been subject to a without notice order allowing him to be taken against his will to hospital for treatment. He said that, having capacity himself, the court had no power to make such an order. A settlement of damages having been agreed, the court now considered whether a declaration as to the … Continue reading Mazhar v The Lord Chancellor: FD 12 Oct 2017

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

YA (F) v A Local Authority: FD 2 Sep 2010

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

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

Dodd Properties (Kent) Ltd v Canterbury City Council: CA 21 Dec 1979

The defendants had, in the course of building operations, caused nuisance and damage to the plaintiff’s building. The dispute was very lengthy, the costs of repair increased accordingly, and the parties now disputed the date at which damages fell to be assessed. Held: It was not apparent why a tortfeasor must take his victim as … Continue reading Dodd Properties (Kent) Ltd v Canterbury City Council: CA 21 Dec 1979

AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011

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

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

Local Authority X v MM and Another; re MM (An Adult): FD 21 Aug 2007

The test for capacity to consent to sexual relations must be the same in its essentials as the test in the criminal law; more importantly ‘a woman either has capacity, for example, to consent to ‘normal’ penetrative vaginal intercourse, or she does not . . Put shortly, capacity to consent to sexual relations is issue … Continue reading Local Authority X v MM and Another; re MM (An Adult): FD 21 Aug 2007

An NHS Trust v D (Medical Treatment: Consent: Termination): FD 28 Nov 2003

The defendant had been admitted to hospital under the 1983 Act and found to be pregnant. The doctors sought an order permitting an abortion. An order had been made, but the parties invited the court to say whether a court order was required at all. Held: Where there is any doubt as to either capacity … Continue reading An NHS Trust v D (Medical Treatment: Consent: Termination): FD 28 Nov 2003

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

Ashley and Another v Sussex Police: CA 27 Jul 2006

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

Secretary of State for Justice v Staffordshire County Council and Another: CA 22 Dec 2016

‘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

Chief Constable and Another v YK and Others: FD 6 Oct 2010

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

In re S (Adult patient) (Inherent jurisdiction: Family life); Sheffield City Council v S: FD 2002

A court could only grant an order permitting treatment despite the absence of an adult patient’s consent by virtue of the doctrine of necessity.Munby J said: ‘in our multi-cultural and pluralistic society the family takes many forms . . The fact is that many adults and children, whether through choice or circumstance, live in families … Continue reading In re S (Adult patient) (Inherent jurisdiction: Family life); Sheffield City Council v S: FD 2002

Warner-Lambert Company Llc v Generics (UK) Ltd (T/A Mylan) and Another: SC 14 Nov 2018

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

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

Johns and Another, Regina (on The Application of) v Derby City Council and Another: Admn 28 Feb 2011

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

X, A Woman Formerly Known As Mary Bell v Stephen O’Brien, News Group Newspapers Ltd MGN Ltd: QBD 21 May 2003

An injunction effective against the world, was granted to restrain any act to identify the claimant in the media, including the Internet. She had been convicted of murder when a child, and had since had a child herself. An order had been granted protecting her and her child until the child was 18. She now … Continue reading X, A Woman Formerly Known As Mary Bell v Stephen O’Brien, News Group Newspapers Ltd MGN Ltd: QBD 21 May 2003

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

Welsh Ministers v PJ: SC 17 Dec 2018

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