A 21 year old beneficiary of a substantial trust fund requested the trustees to apply for his benefit a sum (equal to about one-seventh of the fund) to a family charitable foundation. He would be entitled to the capital of the fund on attaining 30, in default of which the capital went to his issue … Continue reading Re Clore’s Settlement Trusts: ChD 1966
The 22-year old defendant had a mental age of 9 years. He said it was inappropriate when judging the availability of the defence of provocation to a charge of murder to ignore that fact. The Recorder of London ruled that, having regard to the test of the reasonable man in Camplin, in order to attribute … Continue reading Regina v Raven: CACD 1982
Unless warranted under Article 8.2, the revocation by the Court of Protection an LPA, which a donor executed when they had capacity and in which they chose a family member to be their attorney, would be a violation of their Article 8.1 right to respect for their private and family life Citations: [2013] COPLR 69 … Continue reading Re Harcourt: CoP 2013
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
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
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
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
Whether PB had capacity to litigate. Held: Hayden J gave guidance as to the general approach to be taken by the court when determining an issue of capacity: ‘i. The obligation of this Court to protect P is not confined to physical, emotional or medical welfare, it extends in all cases and at all times … Continue reading London Borough of Tower Hamlets v PB: CoP 3 Jul 2020
Judges: H.H.Judge Kate Buckingham Citations: [2018] EWCOP 36 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health, Agency Updated: 27 April 2022; Ref: scu.634169
Judges: Her Honour Judge Brown Citations: [2021] EWCOP 47 Links: Bailii Statutes: Mental Capacity Act 2005 15 Jurisdiction: England and Wales Health Updated: 26 April 2022; Ref: scu.668172
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
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
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
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
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 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
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
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
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 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
Appointment of property and affairs deputy for AR. Judges: Charles J Citations: [2018] EWCOP 8 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Agency Updated: 13 April 2022; Ref: scu.608909
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
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
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
Guidance for Expert Witnesses on Capacity The court was asked as to the preparation and use of expert reports as to the capacity of a patient litigant. Held: Poole J discussed what was need of expert witness in such cases: ‘it will benefit the court if the expert bears in mind the following: a. An … Continue reading AMDC v AG and Another: CoP 18 Nov 2020
Judges: Baker J Citations: [2018] EWCOP 2 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 06 April 2022; Ref: scu.606857
Judges: Charles J Citations: [2018] EWCOP 1, [2018] 4 WLR 21, [2018] WLR(D) 24 Links: Bailii, WLRD Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 06 April 2022; Ref: scu.606858
Application for an order to recognise a Canadian Power of Attorney Citations: [2018] EWCOP 5 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 06 April 2022; Ref: scu.606861
The court was asked whether or not ECHR Art 8 respect for family life requires the court in determining issues under the inherent jurisdiction or the Mental Capacity Act 2005 to afford a priority to placement of an incapacitated adult in their family or whether family life is simply one of ‘all the relevant circumstances’ … Continue reading K v LBX and Others: CA 8 Feb 2012
Application for an order under the Mental Capacity Act 2005 permitting the settlement of LMS’s property into a trust. Judges: District Judge John Beckley Citations: [2020] EWCOP 52 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 01 April 2022; Ref: scu.655596
Applied for personal welfare orders under the Mental Capacity Act 2005 to authorise medical treatment Judges: The Honourable Mr Justice Cobb Citations: [2020] EWCOP 53 Links: Bailii Jurisdiction: England and Wales Health Updated: 01 April 2022; Ref: scu.655598
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
Judges: Cobb J Citations: [2017] EWCOP 22 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 01 April 2022; Ref: scu.598419
Judges: Mr Justice Munby Citations: [2009] EWHC 2525 (COP) Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 31 March 2022; Ref: scu.431224
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
Judges: District Judge Beckley Citations: [2019] 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 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
Application re withdrawal of ventilation treatment Judges: Hayden J Citations: [2016] EWCOP 57 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 28 March 2022; Ref: scu.592357
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
Judges: Hayden J Citations: [2016] EWCOP 54 Links: Bailii Statutes: Mental Capacity Act 2005 55(1) Jurisdiction: England and Wales Costs, Health Updated: 24 March 2022; Ref: scu.581722
Application for orders as regards treatment of Z Judges: Hayden J Citations: [2016] EWCOP 56 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 24 March 2022; Ref: scu.581721
Applications for declarations and Best Interest Orders pursuant to the Mental Capacity Act 2005, relating to RY and the need for a tracheostomy. Judges: Hayden J Citations: [2017] EWCOP 2 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 24 March 2022; Ref: scu.581702
Reasons for making deprivation of liberty order. Judges: Peter Jackson J Citations: [2016] EWCOP 47 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 24 March 2022; Ref: scu.581720
Hearing to determine wither M an 81 year old man lacking capacity should be returned to England from Portugal where he had been taken by his sister. Judges: Baker J Citations: [2016] EWCOP 45 Links: Bailii Statutes: Mental Capacity Act 2005 Jurisdiction: England and Wales Health Updated: 24 March 2022; Ref: scu.581719
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
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
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
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
Judges: Hayden J Citations: [2016] 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: [2016] 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 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
Peter Jackson J [2016] EWCOP 43 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570861
Farquar HHJ [2016] EWCOP B2 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570859
Eldergill DJ [2016] EWCOP 40 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570858
Mark Rogers HHJ [2016] EWCOP 41 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 January 2022; Ref: scu.570857
District Judge Taylor [2020] EWCOP 44 Bailii Mental Capacity Act 2005 21A England and Wales Agency Updated: 22 January 2022; Ref: scu.655041
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
Appointment of Rule 3A representative Charles J [2016] EWCOP 16, [2016] 4 WLR 64 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 14 January 2022; Ref: scu.562611
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
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
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
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
Lush SJ [2015] EWCOP 63 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 04 January 2022; Ref: scu.553277
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
‘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
Application for reconsideration of an order made on the papers by an authorised court officer Lush SJ [2015] EWCOP 43 Bailii Mental Capacity Act 2005 51(2)(d) Health Updated: 01 January 2022; Ref: scu.549561
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
Closed Material before Supreme Court Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it was possible for the Supreme Court to … Continue reading Bank Mellat v Her Majesty’s Treasury (No 1): SC 19 Jun 2013
ECHR Article 8 Expulsion Proposed removal of a mentally ill person who had lived and worked in the host country for more than twenty years: expulsion would not constitute a violation Facts – The applicant moved from Pakistan to Germany in 1991 with her husband. Three years later her son was born. She and her … Continue reading Khan v Germany: ECHR 23 Apr 2015
Application by the Public Guardian for an order under section 16(8) of the Mental Capacity Act 2005 revoking the appointment of a deputy because he has behaved in a way that contravenes the authority conferred on him by the court or is not in the best interests of the person for whom he acts as … Continue reading re HC: CoP 23 Apr 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
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 local authority sought orders as to the care of L an adult with learning difficulties after a finding that he did not have capacity in respect of decisions as to where he was to live, Theis J [2013] EWHC 3230 (Fam) Bailii Mental Capacity Act 2005 England and Wales Health Updated: 24 December 2021; … Continue reading LBX v K and Others: FD 19 Jun 2013
Power of FTT to deprive patient of liberty Two patients who had been confined to a secure hospital, appealed against orders which would continue to restrict their liberty upon being conditionally released. The parties now disputed the jurisdiction of the FTT to make such an order. Held: The orders made by the UT were set … Continue reading The Secretary of State for Justice v MM: CA 29 Mar 2017
Application as to QD, a man in his 60s who suffers from Dementia in Alzheimer’s disease, connected with an atypical form of Parkinson’s disease. [2020] EWCOP 14 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 23 December 2021; Ref: scu.650606
Appeal from a decision that care workers would not commit a criminal offence under section 39 of the 2003 Act were they to make the practical arrangements for a 27 year old man to visit a sex worker in circumstances where he has capacity (within the meaning of the 2005 Act) to consent to sexual … Continue reading The Secretary of State for Justice v A Local Authority and Others: CA 22 Oct 2021
Mr Justice Ryder [2011] EWHC 2853 (Fam) Bailii Mental Capacity Act 2005 16 18(k) England and Wales Health Updated: 21 December 2021; Ref: scu.450348
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
Capacity for Litigation The claimant appealed against dismissal of his claims. He had earlier settled a claim for damages, but now sought to re-open it, and to claim in negligence against his former solicitors, saying that he had not had sufficient mental capacity at the time to accept the offer. Held: There is no definition … Continue reading Masterman-Lister v Brutton and Co, Jewell and Home Counties Dairies (No 1): CA 19 Dec 2002
Test for Capacity to Execute Will The testator suffered from delusions, but not so badly or in such a way as was found to affect his capacity or to influence his testamentary disposition. The judge had given the following direction: ‘The question is whether . . the testator was capable of having such a knowledge … Continue reading Banks v Goodfellow: QBD 6 Jul 1870
The statutory provisions of the 2007 Act for review of standard authorisations were matters that the Court of Protection should take into account in determining whether it should make an order authorising the deprivation of P’s liberty, and if so the extent and period of such an authorisation having regard to the authorities relating to … Continue reading GJ v The Foundation Trust and Another: FD 20 Nov 2009
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
Roderic Wood J [2010] EWHC 1544 (Fam) Bailii Mental Capacity Act 2005 England and Wales Health Updated: 06 December 2021; Ref: scu.510876
The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in the first place. Held: The new landlord was not liable for the … Continue reading Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006
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
Baker J considered the common law doctrine of necessity as it applied to the medical treatment of adults without mental capacity and the 2005 Act. Held: As to section 5: ‘These provisions do not amount to a general authority to act on behalf of P. Rather, they merely provide a defence in the event that … Continue reading G v E (Deputyship and Litigation Friend): CoP 11 Oct 2010
Application by a local authority (‘the authority’) in the Court of Protection in respect of the capacity of the Respondent to litigate and to make decisions in relation to her life. Keehan J [2013] EWCOP 3485 Bailii Mental Capacity Act 2005 Sch A1 Health Updated: 03 December 2021; Ref: scu.524711
Application for execution of a statutory will to be authorised by the court pursuant to section 18(1)(i) of the Mental Capacity Act 2005. District Judge E Batten [2013] EWCOP B39 Bailii Mental Capacity Act 2005 18(1)(I) England and Wales Wills and Probate Updated: 03 December 2021; Ref: scu.524707
Baker J [2013] EWCOP 2322 Bailii Mental Capacity Act 2005 England and Wales Health Updated: 03 December 2021; Ref: scu.524703
Mainwaring-Taylor DJ [2013] EWHC B34 (CoP) Bailii Mental Capacity Act 2005 Health Updated: 01 December 2021; Ref: scu.522623
Eldergill DJ [2014] EWHC B12 (COP) Bailii Mental Capacity Act 2005 Health Updated: 01 December 2021; Ref: scu.522616
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
The claimant accountants had represented the defendant in a dispute with former employees. They sought payment of their costs, but the claim was stayed until the defendant had the opportunity to to seek representation by a MacKenzie friend after the taxing master became concerned for her health and as to her ability to conduct proceedings. … Continue reading Baker Tilly (A Firm) v Makar: QBD 27 Mar 2013
Application for permission to appeal against a decision of dismissing the Appellant’s application under section 21A 2005 Act challenging the lawfulness of a Standard Authorisation made under Schedule A1 of the MCA authorizing the deprivation of his son’s, the first respondent’s liberty. Moses, Black, Gloster LJJ [2013] EWCA Civ 1661, [2014] 1 WLR 3773 Bailii … Continue reading TAQ v AA: CA 19 Dec 2013
