Search Results for: Mental Capacity Act 2005 4

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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

The Health Service Executive of Ireland v Moorgate: CoP 11 Mar 2020

Consideration of whether the necessary criteria are met for the recognition and enforcement of protective measures contained in an order made by the Irish High Court on 4th February 2020. The order was made by the President of the Irish High Court on the application of the Health Service Executive of Ireland (‘HSE’). The order … Continue reading The Health Service Executive of Ireland v Moorgate: CoP 11 Mar 2020

University Hospitals Bristol NHS Foundation Trust v RR: CoP 9 Aug 2019

The Court was asked to make declarations in relation to a young man specifically in relation to easing his passing. Specifically, his capacity to make decisions around his care for himself; and, secondly, if he lacks capacity, to consider and, if appropriate, approve a palliative care plan to allow him to die, (which is likely … Continue reading University Hospitals Bristol NHS Foundation Trust v RR: CoP 9 Aug 2019

Serious Medical Treatment, Guidance: CoP 17 Jan 2020

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

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

Sunderland City Council v AS and Others: CoP 20 Mar 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

QJ v A Local Authority: CoP 21 Jan 2020

Judges: Mr Justice Hayden Citations: [2020] EWCOP 3 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Cited by: See Also – QJ v A Local Authority and Another CoP 29-Jan-2020 . . Lists of cited by and citing cases may be incomplete. Health Updated: 22 November 2022; Ref: scu.650596

ACC and Others (Property and Affairs Deputy ; Recovering Assets Costs for Legal Proceedings): CoP 27 Feb 2020

The common issue in each matter is whether, and in what circumstances, the deputy can recover from the protected person’s assets costs which have been or are likely to be incurred in legal proceedings. Judges: Her Honour Judge Hilder Citations: [2020] EWCOP 9 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health, … Continue reading ACC and Others (Property and Affairs Deputy ; Recovering Assets Costs for Legal Proceedings): CoP 27 Feb 2020

HM v Switzerland: ECHR 26 Feb 2002

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

An NHS Trust v DJ and Others: CoP 6 Dec 2012

The patient, a 68 year old man did not have mental capacity to make decisions as to his treatment. The family and hospital had long-standing disagreements about his care. The hospital now sought an order to allow his non-resuscitation in the event of a serious further deterioration of specified sorts. He now suffered cancer of … Continue reading An NHS Trust v DJ and Others: CoP 6 Dec 2012

Aintree University Hospitals NHS Foundation Trust v James and Others: CA 1 Mar 2013

The patient had been found to lack capacity to litigate and make decisions as to his medical treatment. The Hospital appealed against rejection of its request for a declaration that it would be lawful to withhold treatment in the case of clinical deterioration, in particular the making of a ‘Do not attempt to Resuscitate’ instruction. … Continue reading Aintree University Hospitals NHS Foundation Trust v James and Others: CA 1 Mar 2013

Leicester City Council v MPZ: CoP 29 Nov 2019

Mary (not her real name) is a 31 year old woman with a learning disability associated with a history of social and functional skills impairment and significant cognitive impairments. The Court considered her capacity and whether Mary is a vulnerable adult in respect of whom the court should consider making orders to protect her pursuant … Continue reading Leicester City Council v MPZ: CoP 29 Nov 2019

Tracey, Regina (on The Application of) v Cambridge University Hospital NHS Foundation and Others: Admn 19 Dec 2012

The claimant sought judicial review of the decisions by the respondent as to the care of his late wife, particularly as to the use of ‘ Do Not Attempt Cardio-Pulmonary Resuscitation’ orders. Judges: Nicola Davies DBE J Citations: [2012] EWHC 3670 (Admin) Links: Bailii Statutes: Mental Capacity Act 2005 37, Mental Capacity Act 2005 (Independent … Continue reading Tracey, Regina (on The Application of) v Cambridge University Hospital NHS Foundation and Others: Admn 19 Dec 2012

Re G, (Court of Protection: Injunction): CA 11 Oct 2022

The Court considered the legal test to be applied by the Court of Protection when considering an application for an injunction. Judges: Lord Justice Baker Lord Justice Phillips And Lord Justice Nugee Citations: [2022] EWCA Civ 1312 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Litigation Practice Updated: 23 October 2022; Ref: … Continue reading Re G, (Court of Protection: Injunction): CA 11 Oct 2022

M H Marshall v Southampton And South West Hampshire Area Health Authority (Teaching): ECJ 26 Feb 1986

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

Belhaj and Another v Straw and Others: SC 17 Jan 2017

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

P and Q v Surrey County Council: CA 28 Feb 2011

The appellant sisters, both with substantial learing disabilities appealed against a declaration that the arrangements made for their care by the respondent did not amount to a deprivation of their liberty. In either case, they would only be allowed to leave their residence under escort of a competent adult. Held: The appeals failed. Judges: Mummery, … Continue reading P and Q v Surrey County Council: CA 28 Feb 2011

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

In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000

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

NT v FS and Others: CoP 26 Mar 2013

An application was made for a statutory will for the patient. The court considered how it should approach competing suggestions as to the provisions to be included. Held: The 2005 Act had changed the basis for such wills fundamentally. The court must decide what is objectively in the patient’s best interests, and not what the … Continue reading NT v FS and Others: CoP 26 Mar 2013

ACCG and Another v MN and Others: CoP 20 Nov 2013

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

KD and Another v London Borough of Havering: CoP 19 Oct 2009

The court may determine a case summarily of its own motion, but their power ‘must be exercised appropriately and with a modicum of restraint’. Judges: Horowitz QC Citations: (2009) 12 CCL Rep 671, [2010] Fam Law 244, [2010] WTLR 69, [2009] EW Misc 7 (EWCOP), [2010] 1 FLR 1393 Links: Bailii Statutes: Mental Capacity Act … Continue reading KD and Another v London Borough of Havering: CoP 19 Oct 2009

Re DE, JE v DE, Surrey County Council and EW: FD 29 Dec 2006

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

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

Whaley and Another v Lord Advocate: HL 28 Nov 2007

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

A Local Authority v DL and Others: FD 19 Apr 2011

The court was asked: ‘Whether there is jurisdiction for the injunctions sought by the Claimant to be made under the court’s inherent jurisdiction in relation to vulnerable adults or under s 222 Local Government Act 1972’ on certain facts. Judges: Theis DBE J Citations: [2011] EWHC 1022 (Fam) Links: Bailii Statutes: Mental Capacity Act 2005, … Continue reading A Local Authority v DL and Others: FD 19 Apr 2011

DL v A Local Authority and Others: CA 28 Mar 2012

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

Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003

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

Regina (Director of Public Prosecutions) v Camplin: HL 1978

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

Keenan v The United Kingdom: ECHR 3 Apr 2001

A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk. Held: Inhuman and degrading treatment had to achieve a certain standard of seriousness before it became an infringement, … Continue reading Keenan v The United Kingdom: ECHR 3 Apr 2001

Y v A Healthcare NHS Trust and Others: CoP 2 Aug 2018

Application for procedure to collect the applicant’s husband’s sperm. He lacked capacity to consent, and was in a critical condition. The applicant wanted to use the sperm so that she could bear his children after his death. Judges: Knowles J Citations: [2018] EWCOP 18 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales … Continue reading Y v A Healthcare NHS Trust and Others: CoP 2 Aug 2018

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

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