The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.

Page and summary	Date added to site	Categories
Re M (2011) EWHC 3590 (COP) — Under MCA 2005 s63 and schedule 3, which incorporates the Hague Convention on the International Protection of Adults 2000 into domestic law, the High Court recognised and gave effect to an order of the Southern Irish High Court which required M's transfer to and treatment at an English psychiatric hospital.	2012-02-04	2011 cases, Brief summary, Other capacity cases, Transcript
Wychavon District Council v EM (HB) (2012) UKUT 12 (AAC), (2012) MHLO 5 — The UT judge reviewed his previous decision because he had overlooked a legislative provision which could have had a material effect on the decision: in this case MCA 2005 s7, which provides that 'If necessary goods or services are supplied to a person who lacks capacity to contract for the supply, he must pay a reasonable price for them.' (1) Although the purported tenancy agreement between P and her father was void because the lack of capacity was known, under s7 P was still 'liable to make payments in respect of the dwelling which she occupies as her home' so she was entitled to benefits under the Housing Benefits Regulations 2006. (2) Even if 'services' in s7 is not wide enough to cover the provision of accommodation, the common law rules as to necessaries survive and the provision of accommodation is an obvious necessary.	2012-02-04	2012 cases, Brief summary, Other capacity cases, Transcript
Re H; A Local Authority v H (2012) EWHC 49 (COP), (2012) MHLO 3 — "On 15 December 2011 I made an order declaring H’s incapacity in many respects and making best interests declarations as to her future care. In particular I made an order declaring that H lacked capacity to consent to sexual relations and a consequential order to protect her best interests which was very restrictive and undoubtedly amounts to the deprivation of liberty. In those circumstances I reserved my reasons for making these orders with a view to handing them down without the need for attendance of any party. This I now do." [Summary to follow.]	2012-01-27	2012 cases, Capacity to consent to sexual relations, No summary, Other capacity cases, Transcript
DM v Doncaster MBC (2011) EWHC 3652 (Admin) — DM sought to avoid the care home fees for her husband FM who was subject to the deprivation of liberty safeguards: the main argument was that the s22 National Assistance Act 1948 charging provision did not apply because the DOLS created a duty to accommodate within the meaning of s21(8). The court held that: (1) the MCA 2005 did not create either a duty or power to accommodate FM; (2) FM fell within the terms of s21 NAA and was not excluded from its scope by the operation of s21(8); (3) s3 HRA 1998 gave no reason to read down s21(8) to reach any other conclusion; (4) FM's accommodation had thus to be paid for by him or on his behalf, in accordance with s22 and regulations made under it; (5) this is not discriminatory upon an application of Article 14 read with Article 1 of Protocol 1 (FM was not materially in the same position as those who receive after-care under s117 MHA and the State would in any event have offered sufficient justification for the result); (6) ..→	2012-01-22	2011 cases, Brief summary, Other capacity cases, Transcript
Stanev v Bulgaria 36760/06 (2012) ECHR 46, (2012) MHLO 1 — (1) The applicant's placement in a social care home for people with mental disorders and his inability to obtain permission to leave the home led to breaches of Article 5(1), (4) and (5). (2) The living conditions in the home led to breaches of Article 3, and of Article 13 in conjunction with Article 3. (3) The lack of access to a court to seek release from partial guardianship breached Article 6(1). (4) No separate issue arose under Article 8 so it was unnecessary to examine that complaint. (5) Compensation of €15,000 was awarded.	2012-01-17	2012 cases, Brief summary, ECHR, ECHR deprivation of liberty cases, Other capacity cases, Transcript
Re C; C v Blackburn and Darwen Borough Council (2011) EWHC 3321 (COP) — C was subject both to guardianship and the DOLS regime at a care home: (1) he was not ineligible for DOLS; (2) he was not deprived of his liberty, so the authorisation was set aside; (3) the authorisation had been lawful albeit perfunctory; (4) the restrictions were necessary; (5) the COP cannot decide on residence when a guardianship residence requirement remains in effect; (6) even if it could, it would only do so in exceptional circumstances; (7) the local authority was invited to reconsider the appropriateness of guardianship.	2012-01-05	2011 cases, Detailed summary, Other capacity cases, Transcript
Ms B v An NHS Hospital Trust (2002) EWHC 429 (Fam) — "The Claimant, whom I shall call Ms B, seeks declarations from the High Court in its exercise of the inherent jurisdiction. She claims that the invasive treatment which is currently being given by the respondent by way of artificial ventilation is an unlawful trespass. The respondent is the NHS Hospital Trust (the Trust) responsible for the hospital which is currently caring for Ms B, (the Hospital). At the request of the court the Official Solicitor instructed Mr Peter Jackson QC to act as Advocate to the Court. The main issue is whether Ms B has the capacity to make her own decision about her treatment in hospital. Underlying this important issue is the tragic story of an able and talented woman of 43 who has suffered a devastating illness which has caused her to become tetraplegic and whose expressed wish is not to be kept artificially alive by the use of a ventilator." [Paras 1 and 2 of judgment.]	2012-01-05	2002 cases, No summary, Other capacity cases, Transcript
Re AB; AB v LCC (A Local Authority) (2011) EWHC 3151 (COP) — There is no impediment to a RPR acting as a litigation friend to P in a s21A application provided that: (i) the RPR is not already a party to the proceedings; (ii) the RPR fulfils the COP rule 140 conditions (that he can fairly and competently conduct proceedings on behalf of P, and has no interests adverse to P's); (iii) the RPR can and is willing to act as litigation friend in P's best interests; and (iv) the procedure as set out in COP rule 143 is complied with. The judge set out the pros and cons of this course of action; in this case, he appointed the RPR to as P's litigation friend.	2011-12-08	2011 cases, Brief summary, Other capacity cases, Transcript
Re RB (Adult); A London Borough v RB (Adult) (No 1) (2010) EWHC 2423 (Fam) — This case under the inherent jurisdiction concerned RB's best interests in relation to residence and contact. Of the 16 issues considered by the judge, he found for RB's partner MF in relation to one sub-issue (which was a 'saddening example of the institutional inability of some bureaucracies ever to admit that something has gone wrong') but against him in relation to all others (most of which were MF's unfounded criticisms of almost everybody involved in the case: the judge's own criticisms of Dr Kahtan and the MP are worth reading). Had she not died during the hearing, it would have been, given MF's inability to cooperate with any community care package, in RB's best interests to continue residing at the care home.	2011-12-03	2011 cases, Brief summary, Other capacity cases, Transcript
Re RB (Adult); A London Borough v RB (Adult) (No 2) (2011) EWHC 112 (Fam) — MF's applications for permission to appeal and for a re-trial were refused as being devoid of merit.	2011-12-03	2011 cases, Brief summary, Other capacity cases, Transcript
Re RB (Adult); A London Borough v RB (Adult) (No 3) (2011) EWHC 2576 (Fam) — (1) MF's claim for compensation was dismissed as it had no factual foundation; it also had no legal basis. (2) MF sought costs from the local authority; the Official Solicitor sought costs against MF (from a certain date) and the local authority (to the extent that costs were increased by their stance): there was no order for costs, except that MF was to pay 20% of the Official Solicitor's costs between certain dates, to reflect the time spent on the peripheral issues which MF had raised and the 'extravagant, strident and on occasions vicious way in which he chose to pursue them'.	2011-12-03	2011 cases, Brief summary, COP costs cases, Other capacity cases, Transcript
Re RB (Adult); A London Borough v RB (Adult) (No 4) (2011) EWHC 3017 (Fam) — There is no statutory provision regulating the publication or reporting of judgments given or handed down in the Family Division in proceedings under the inherent jurisdiction in respect of adults, so it is not a contempt of court to publish or report a judgment (whether in whole or in part) merely because it was given or handed down in private (in chambers) and not in open court.	2011-11-21	2011 cases, Brief summary, Other capacity cases, Transcript
R v Heaney (2011) EWCA Crim 2682 — The appellant had been convicted of two offences under MCA 2005 s44 and sentenced to consecutive 3- and 6-month sentences of imprisonment; on appeal, these were ordered to be served concurrently. The court took into account that 'neither of the victims in fact sustained any distress or injury and they were very short incidents', that the consequences for the appellant had been grave because she had lost her career, that she was a middle-aged woman with two young daughters, and that she was of previous good character.	2011-11-21	2011 cases, Brief summary, Criminal law capacity cases, Other capacity cases, Transcript
De Louville De Toucy v Bonhams 1793 Ltd (2011) All ER (D) 32 (Nov) — (1) There was no inconsistency between the Insolvency Rules (defining an 'incapacitated person') and the CPR (defining a 'protected party'). (2) The registrar should not have declared the claimant bankrupt: he ought to have (a) been aware that the claimant was incapable, (b) adjourned the case for a representative or litigation friend to be appointed, and (c) heard representations from such a person. (3) On the evidence, the financial situation was complex and, without proper investigation, it was impossible to be sure that it was appropriate to make a bankruptcy order, so the order was set aside and the matter referred to the registrar to be heard again. [Summary based on All ER (D) report.]	2011-11-14	2011 cases, Brief summary, No transcript, Other capacity cases
Re HM; SM v HM (2011) COP 11875043 4/11/11 — 'The issue is whether it is ever, and if so in what circumstances, appropriate for the Court (ie the Court of Protection) to authorise the creation of a trust – in particular a personal injury trust - of P’s assets as the means of administering those assets for him, rather than appointing a deputy for him under s 16 of the 2005 Act.' [Summary required.]	2011-11-09	2011 cases, No summary, Other capacity cases, Transcript
Sharma v Hunters (2011) EWHC 2546 (COP) — Unsuccessful application by Hunters Solicitors against wasted costs order in the Court of Protection.	2011-10-13	2011 cases, Brief summary, Other capacity cases, Transcript
Quigley v Masterson (2011) EWHC 2529 (Ch) — The defendant's application to the Court of Protection qualified as a notice of severance served under section 36(2) of the Law of Property Act 1925.	2011-10-13	2011 cases, Brief summary, Other capacity cases, Transcript
Re PH; PH v A Local Authority (2011) EWHC 1704 (COP) — The following declarations were made: (1) PH lacks capacity in relation to the question on whether or not he should be accommodated at Y Court for the purposes of being given care and treatment; and (2) PH lacks capacity to make a decision as to his residence and care (the second declaration to remain in force for six months).	2011-07-23	2011 cases, Brief summary, Other capacity cases, Transcript
P v Independent Print Ltd (2011) EWCA Civ 756 — Whether the Independent Newspaper should be authorised to attend the substantive hearing which would determine the living arrangements to be made for a young man who lacks capacity. [Summary required.]	2011-07-20	2011 cases, No summary, Other capacity cases, Transcript
R v Hopkins; R v Priest (2011) EWCA Crim 1513 — Prosecution under MCA 2005 s44. [Summary required.]	2011-07-18	2011 cases, Criminal law capacity cases, No summary, Other capacity cases, Transcript
KY v DD (2011) EWHC 1277 (Fam) — Guidance on without notice applications. [Summary required.]	2011-07-18	2011 cases, No summary, Other capacity cases, Transcript
Wychavon District Council v EM (HB) (2011) UKUT 144 (AAC) — (1) The tenant lacked capacity so the tenancy contract was not valid, which meant that there was no liability to pay rent and therefore no entitlement to Housing Benefit. (2) The contract was void, not voidable, because the landlord knew the tenant lacked sufficient mental capacity to reach such an agreement. [Caution.]	2011-06-22	2011 cases, Brief summary, Other capacity cases, Transcript
SMBC v WMP (2011) EWHC B13 (COP) — HSG's application to be discharged as a party in a forced marriage protection order case was refused because there was good cause to believe that he may lack capacity (the test for interim orders). The judge set out a list of lessons learnt for future cases. [Summary required.]	2011-06-19	2011 cases, No summary, Other capacity cases, Transcript
Re M; W v M (2011) EWHC 1197 (COP) — Reporting-restriction orders and non-contact injunctions.	2011-05-26	2011 cases, Detailed summary, Other capacity cases, Transcript
A Local Authority v DL (2011) EWHC 1022 (Fam) — The inherent jurisdiction survives the Mental Capacity Act 2005.	2011-04-30	2011 cases, Detailed summary, Other capacity cases, Transcript
Re CM; LBB v JM (2010) COP 5/2/10 — "The local authority took the view that since the intervention of the court would engage a potential breach of the Article 8 rights of the parties, that it may be incumbent upon them to establish on a factual basis why it was that the court's jurisdiction should be exercised. Broadly speaking, I would endorse that approach and recognise that where an Article 8.2 justification is required then the case should not be dealt with purely as a welfare case if there are significant factual issues between the parties which might bear on the outcome of the consideration under Article 8.2 as to whether state intervention was justified."	2011-04-30	2010 cases, Detailed summary, No transcript, Other capacity cases
V v R (2011) EWHC 822 (QB) — Litigation capacity. The experts agreed that, as a result of her impulsive nature, V lacked capacity to manage her financial affairs; however, they disagreed on whether she had litigation capacity. The critical future decisions would be in connection with settlement offers (including the global value of the claim, provisional damages and periodical payments) albeit in the conext of the common understanding that she would not have unfettered access to the money. V would have difficulties in weighing the evidence and making decisions, but they could be ameliorated, if not entirely overcome, by the careful and structured support that the statute contemplates: the decisions would be made in the presence of her mother and lawyers; there was no suggestion that V would be left to make decisions on her own. On balance she did not lack capacity to ligitate.	2011-04-09	2011 cases, Brief summary, Other capacity cases, Transcript
Re Hunt (2008) (Preston county court, 12/6/08) — Mr Hunt suffered from Huntington's disease and had shut himself off from the world, in his home; he had ignored demands for payment of council tax; the court (not knowing his condition) made a bankruptcy order, then an order that he be arrested and brought before the court for failure to attend for public examination. (1) Under rules 7.43-7.44 Insolvency Rules 1986 (since amended to reflect the MCA) an 'incapacitated person' was one who is incapable of managing and administering his property and affairs either (a) by reason of mental disorder within the meaning of the Mental Health Act 1983, or (b) due to physical affliction or disability; the court may appoint a representative for such a person. (2) A bankruptcy order may be annulled if the order 'ought not to have been made' at the time. (3) The onus cannot lie on the debtor to establish lack of capacity because lack of capacity would itself render the debtor unable to do so: courts should investigate capacity where there is ..→	2011-03-29	2008 cases, Brief summary, Other capacity cases, Transcript
R (W) v LB Croydon (2011) EWHC 696 (Admin) — The local authority decided, in order to reduce costs and promote independence, to transfer W from his residential placement to supported living. (1) In principle, the council would be entitled to terminate W's residential placement on grounds of costs, or needs, subject to consultation. (2) On the facts, the consultation with W's parents and the professional carers (as required by MCA 2005 s4) had been inadequate, so the decision was quashed.	2011-03-29	2011 cases, Brief summary, Other capacity cases, Transcript
Dunhill v Burgin (2011) EWHC 464 (QB) — The claimant had settled a PI claim on unfavourable terms and now sought to have the consent order declared void for want of capacity; this judgment involves a consideration of litigation capacity. (1) In considering the issue of capacity historically, rather than prospectively, the court should confine itself to examining the decisions actually required of the claimant and should not expand its consideration to hypothetical circumstances (i.e. had she been advised differently). (2) On the facts, the presumption that she had capacity to enter into the agreement had not been rebutted.	2011-03-29	2011 cases, Brief summary, Other capacity cases, Transcript
Pitt v Holt (2011) EWCA Civ 197 — Successful appeal by HMRC.	2011-03-18	2011 cases, Detailed summary, Other capacity cases, Transcript
Haworth v Cartmel and HMRC (2011) EWHC 36 (Ch) — Disability Discrimination Act, and lack of capacity, used to annul bankruptcy order.	2011-02-24	2011 cases, Detailed summary, Other capacity cases, Transcript
Hill v Fellowes Solicitors LLP (2011) EWHC 61 (QB) — Professional negligence claim including an allegation that a solicitor's firm negligently failed to make enquiries as to the client's capacity to understand the sale of her house.	2011-02-24	2011 cases, Detailed summary, Other capacity cases, Transcript
Re JP; DP v JCP (2010) COP 11692737 — DP's application to be appointed financial deputy for her father JP was opposed by her siblings, who also disputed DP's claim to the ownership of their mother's ashes. Guidance was given as to the ownership of the ashes. DP was capable of acting as deputy but did not have the necessary independence so a panel deputy was appointed. [Summary based on Eld LJ case report.]	2011-01-23	2010 cases, Brief summary, Other capacity cases, Transcript
Re KS (2010) COP 99162476 — Costs under the Court of Protection Rules. [Summary required.]	2010-12-20	2010 cases, No summary, Other capacity cases, Transcript
Re MM; City of Sunderland v MM (2011) 1 FLR 712 — P's partner's Article 8 rights were breached by the denial of contact between them. [Summary required.]	2010-12-16	2010 cases, No summary, Other capacity cases, Transcript
Perrins v Holland (2010) EWCA Civ 1398 — Unsuccessful costs appeal. [No summary.]	2010-12-09	2010 cases, No summary, Other capacity cases, Transcript
LBL v RYJ (2010) EWHC 2665 (COP) — RYJ had capacity in relation to care, contact, residential education and residence, and was not vulnerable as a result of external factors so as to invoke the inherent jurisdiction; discussion of mother's status as appointee and her application to SENDIST. [Summary required.]	2010-11-25	2010 cases, Brief summary, Other capacity cases, Transcript
Singellos v Singellos (2010) EWHC 2353 (Ch) — (1) The approach in Parker v Felgate (1883) 8 PD 171 (that if a testator gives instructions when he has capacity, the will stands good even though at the time of execution he only understands that he is executing the will which he has instructed) applies also to dispositions inter vivos. (2) Mrs Singellos had the necessary capacity when she gave instructions to her accountant, but when she signed the multiple documents involved she only understood that she was giving effect to her instructions: the documents were declared to be validly executed.	2010-11-18	2010 cases, Brief summary, Other capacity cases, Transcript
Re P and OM (2008) COP 26/11/08 — The Court: (1) granted a worldwide freezing injunction over the assets of a son alleged to have to wrongfully obtained the proceeds of the sale of a house belonging to his incapacitated mother; and (2) made a declaration requiring the son to return his mother, a British citizen now in Guyana, to the United Kingdom for the purposes of assessment of her capacity, inter alia, to make decisions concerning her health and welfare. The Court determined (it appears for the first time) that it had the jurisdiction under paragraph 7 of Schedule 3 to the Mental Capacity Act 2005 to make decisions regarding the health and welfare of an incapacitated adult in a foreign country on the basis that they were habitually resident in England and Wales. [Summary from 39 Essex Street website.]	2010-11-16	2008 cases, Brief summary, No transcript, Other capacity cases
YA(F) v A Local Authority (2010) EWHC 2770 (COP) — P and his mother brought claims under s7 HRA in the Court of Protection; the other parties asserted that only declaratory relief was possible as the CoP had no jurisdiction to hear and deal with (a) any of the mother's HRA claim or (b) the son's HRA damages claim, and that the claim should have been in the Queen's Bench Division. (1) The common ground that the CoP has jurisdiction to deal with P's HRA claim and grant declaratory relief was correct. (2) The CoP has jurisdiction (a) to hear argument on behalf of the mother that acts done in relation to P constitute breaches of her Convention rights and (b) to make declarations as to the lawfulness of such acts. (3) The CoP is a 'court which has power to award damages... in civil proceedings' under s8(1) HRA 1998 when exercising its HRA jurisdiction either because (a) in exercising its jurisdiction the CoP has the same powers as the High Court, which can award damages in such cases, or because (b) the CoP has power to award damages ..→	2010-11-03	2010 cases, Brief summary, Other capacity cases, Transcript
A Local Authority v DL (2010) EWHC 2675 (Fam) — Scope of inherent jurisdiction. [Summary required.]	2010-10-25	2010 cases, No summary, Other capacity cases, Transcript
G v E (2010) EWHC 2512 (COP) — Unsuccessful applications for (1) deputies to be appointed and (2) sister to become Litigation Friend in place of Official Solicitor. [Official summary available.]	2010-10-18	2010 cases, No summary, Other capacity cases, Transcript
Perrins v Holland (2010) EWCA Civ 840 — Unsuccessful appeal against decision to pronounce in favour of a will. Summary of decision below: The testator had testamentary capacity at the time that he gave instructions for the will, but not when he executed it; however, when he executed the will he believed that it gave effect to his previous instructions, it did in fact do so, and the instructions remained his testamentary wishes. Therefore the court pronounced in favour of the will. [Summary of appeal required.]	2010-10-06	2010 cases, No summary, Other capacity cases, Transcript
Re S (statutory will); D v R (the deputy of S) (2010) EWHC 2405 (COP) — S's financial deputy started an action in S's name seeking a declaration that gifts of money totalling over £500,000 made by S to D were procured by undue influence; S wanted the Chancery proceedings to be discontinued, so D sought a declaration that S had the capacity to do so. (1) Detailed consideration was given to the law (including that whether a decision is unwise or foolish is a relevant consideration in deciding on capacity, in particular where there is a marked contrast between the unwise nature of the decision and the former attitude when capacity was not in question) and to the conflicting medical evidence. (2) In order to have capacity: S must be able to understand, as a minimum, the nature and extent of the relationship of trust and confidence which he arguably reposed in Mrs D, the extent to which it may be said that his gifts to her cannot readily be accounted for by ordinary motives, and the general nature of the evidential burden resting on her to rebut any ..→	2010-10-05	2010 cases, Brief summary, Other capacity cases, Transcript
Peters v East Midlands SHA (2009) EWCA Civ 145 — [Summary required.]	2010-10-04	2009 cases, No summary, Other capacity cases, Transcript
EG v RS (2010) EWHC 3073 (COP) — EG had to pay the costs of her application for permission to apply to be appointed RS's health and welfare deputy: she ought to have known that her application was doomed to fail because her role as RS's brother-in-law's solicitor, in an acrimonious family dispute, conflicted with the duty to act in RS's best interests.	2010-10-04	2010 cases, Brief summary, Other capacity cases, Transcript
Re D (Statutory Will); VAC v JAD (2010) EWHC 2159 (Ch) — (1) There is no presumption that the Court of Protection should not direct the execution of a statutory will in any case where the validity of an earlier will is in dispute. Such an approach would tend to elevate one factor (a previous written statement) over all others, contrary to the structured decision-making process required by the MCA 2005. (2) On the facts, the doubts about the validity of the previous wills were sufficient to conclude that D's best interests would be served by the execution of a statutory will to prevent her estate being eroded, and her memory being tainted, by a bitter contested probate dispute.	2010-08-17	2010 cases, Brief summary, Other capacity cases, Transcript
Re MN (2010) EWHC 1926 (Fam) — Whether (and, if so, according to what criteria) the Court of Protection should recognise and enforce an order of a court of competent jurisdiction in California requiring the return of MN to that state. (1) The basis of jurisdiction is habitual residence: the key to that decision is whether the agent (like an English deputy) had authority to remove MN to England. (2) If she had, then MN is likely habitually resident in England and the English court has jurisdiction. The Californian order could only be enforced if indicated by a full best interests enquiry on the evidence. (3) If she did not have the authority, then MN remains habitually resident in California and its courts should exercise primary jurisdiction. The Californian order would likely be recognised and enforced, unless the carrier or the independent doctor advised otherwise; the best interests enquiry would be confined to the journey; however, a full best interests jurisdiction could be adopted at the invitation of the ..→	2010-08-09	2010 cases, Detailed summary, Other capacity cases, Transcript
Re Mark Reeves (2010) COP 5/1/10 — The Council, relying on a recent Court of Appeal judgment in relation to double recovery, compelled P's deputy to make an application to the Court of Protection for authorisation to apply for public funding. (1) The application was misconceived in seeking to apply the recent CA decision to this case which had been determined six years previously; (2) the Court of Protection is not an appropriate forum to adjudicate on double recovery in personal injury proceedings.	2010-08-08	2010 cases, Brief summary, No transcript, Other capacity cases
Saulle v Nouvet (2007) EWHC 2902 (QB) — (1) The claimant had capacity to conduct litigation and manage his own property and affairs. (2) The definition of and approach to capacity to be adopted by the Queen's Bench Division of the High Court in deciding whether a person is a protected party, or a protected beneficiary, is the MCA 2005 statutory definition.	2010-08-08	2007 cases, Brief summary, Other capacity cases, Transcript
Gale v Gale (2010) EWHC 1575 (Ch) — The 2002 and 2004 codicils to a will were forgeries; also, the testatrix did not have testamentary capacity at the time of the 2004 codicil; in any event, neither was signed on the date it purported to be signed but was backdated from a time when the testatrix did not retain testamentary capacity.	2010-08-07	2010 cases, Brief summary, No transcript, Other capacity cases
Gorjat v Gorjat (2010) EWHC 1537 (Ch) — Adult children unsuccessfully challenged the deceased's transfer of funds, to a joint account with his second wife, on the grounds of mental incapacity and undue influence.	2010-07-27	2010 cases, Brief summary, No transcript, Other capacity cases
SH v NB (Marriage: Consent) (2009) EWHC 3274 (Fam) — The marriage between a 27-year-old Pakistani man and a 16-year-old English girl would be valid only if both of the parties had, according to the law of their respective ante-nuptial domiciles, validly consented to marry the other: (1) under Pakistani law the marriage was invalid; (2) under English law, the court declared that the marriage was invalid because the girl's free will had been overborne as a result of the pressure exerted upon her; it was voidable but now too late to issue a decree of nullity.	2010-07-22	2009 cases, Brief summary, No transcript, Other capacity cases
Pitt v Holt (2010) EWHC 45 (Ch) — The principle in Hastings-Bass, originally applied only to trustees, applies equally to receivers under the MHA 1983. Therefore Mrs Pitt, who as a receiver had put her husband's money into a settlement without considering the inheritance tax position, could have the settlement set aside as an ineffective transaction. (The principle in Hastings-Bass has been summarised as: "Where trustees act under a discretion given to them by the terms of the trust, in circumstances in which they are free to decide whether or not to exercise that discretion, but the effect of the exercise is different from that which they intended, the court will interfere with their action if it is clear that they would not have acted as they did had they not failed to take into account considerations which they ought to have taken into account, or taken into account considerations which they ought not to have taken into account.")	2010-04-11	2010 cases, Brief summary, Other capacity cases, Transcript
Independent News and Media Ltd v A (2010) EWCA Civ 343 — The judge's decision (that designated representatives of the media could attend the hearing in the Court of Protection and thereafter apply to the judge for authorisation to publish information disclosed in the proceedings) was upheld, but his approach (that article 10 was not engaged when the media's application was made but rather when the court decided that there was "good reason" under Rule 93(1)(a)) was not.	2010-03-31	2010 cases, Detailed summary, Other capacity cases, Transcript
Key v Key (2010) EWHC 408 (Ch) — Successful challenge to will on the grounds of want of testamentary capacity and want of knowledge and approval.	2010-03-06	2010 cases, Detailed summary, Other capacity cases, Transcript
Salford City Council v BJ (2009) EWHC 3310 (Fam) — Following a final hearing concerning deprivation of liberty the previous year, the judge now had to determine: (a) the nature and timing of future reviews by the court, (b) the nature and timing of future internal reviews by the local authority, and (c) whether the proceedings should now be transferred to the Court of Protection.	2009-12-17	2009 cases, Brief summary, Other capacity cases, Transcript
Re McDougall or Muldoon (Guardianship Order) (2005) ScotSC 6 — "This is an application under the Adults with Incapacity (Scotland) Act 2000, in which the Applicant, Paul Muldoon, seeks an order under section 57 of the Act appointing him as guardian with powers relating to both the welfare of, and the property and financial affairs of, his mother, Mrs Mona McDougall or Muldoon (hereafter, "the adult"). The welfare powers sought are (a) to decide where the adult should live, (b) to have access to confidential documents, and (c) to consent to, or withhold consent to, medical treatment." [Summary required.]	2009-11-30	2005 cases, No summary, Other capacity cases, Scottish cases, Transcript
GJ v The Foundation Trust (2009) EWHC 2972 (Fam) — (1) As between the MHA 1983 and the MCA 2005 Deprivation of Liberty Safeguards, the MHA has primacy: professionals cannot pick and choose as they think fit. (2) In deciding whether P is within the scope of the MHA, the eligibility assessor must ask whether, in his own opinion, P could be detained under the MHA. (3) With respect to objections, what matters is whether P objects generally to what is proposed. (4) The correct overall approach for the eligibility assessor is to (a) look at the reality of the situation, rather than the words of the authorisation, (b) separate the mental treatment from the purely physical treatment, and (c) apply a "but for" test, i.e. whether, but for the physical treatment, P should be detained (and whether the only effective reason for detention is physical treatment); if "no" (and "yes", respectively) then P isn't ineligible for DOLS. (5) On the facts, but for his diabetes, P would not have been detainable, so he was not ineligible. It is ..→	2009-11-23	2009 cases, Detailed summary, Other capacity cases, Transcript
Independent News and Media Ltd v A (2009) EWHC 2858 (Fam) — The media sought, not that the CoP hearing be public, but that they be authorised to attend the hearing and be subject to reporting restrictions. CoP proceedings are excluded from the general 'open justice principle' so the media's Article 10 rights are not automatically engaged, and the court must rather adopt a two-stage approach: (1) Whether a 'good reason' (a gatekeeping test from the Rules, the standard for which is not high) for making the order can be established; (2) If there is a 'good reason', a balancing test must be applied to P's Article 8 rights and the media's Article 10 rights. On the facts: (1) There was a 'good reason' as (a) the issues were already in the public domain, (b) the court's powers can preserve privacy, and (c) it is the public interest to understand how the court operates; (2) The media would be allowed to attend, as the concerns for privacy and publicity could both be met by permitting some reporting but requiring the media to demonstrate what ..→	2009-11-12	2009 cases, Brief summary, Other capacity cases, Transcript
Baker v H (2009) EWHC B31 (Fam) — (1) The judgment sets out a structured general approach to considering the setting of security and its interplay with the terms of appointment of a deputy; (2) On the facts, the level of security was reduced from £750k to £175k.	2009-11-09	2009 cases, Brief summary, Other capacity cases, Transcript
Masterman-Lister v Brutton and Co (2002) EWCA Civ 1889 — Unsuccessful appeal against decision that M was fully capable of managing and administering his property and affairs. [Summary required.]	2009-10-30	2002 cases, No summary, Other capacity cases, Transcript
Masterman-Lister v Jewell (2002) EWHC 417 (QB) — M was fully capable of managing and administering his property and affairs. [Summary required.]	2009-10-30	2002 cases, No summary, Other capacity cases, Transcript
Re F (2009) EWHC B30 (Fam) — The "gateway" test for the engagement of the court’s powers under s48 (Interim orders and directions) is lower than that of evidence sufficient, in itself, to rebut the presumption of capacity. The proper test in the first instance is whether there is evidence giving good cause for concern that P may lack capacity in some relevant regard. Once that is raised as a serious possibility, the court then moves on to the second stage to decide what action, if any, it is in P's best interests to take before a final determination of his capacity can be made.	2009-08-16	2009 cases, Brief summary, Other capacity cases, Transcript
Perrins v Holland (2009) EWHC 1945 (Ch) — The testator had testamentary capacity at the time that he gave instructions for the will, but not when he executed it; however, when he executed the will he believed that it gave effect to his previous instructions, it did in fact do so, and the instructions remained his testamentary wishes. Therefore the court pronounced in favour of the will.	2009-08-01	2009 cases, Brief summary, Other capacity cases, Transcript
Re BS (2009) NIFam 5 — A medical examination of BS in the context of an application for a Controller to be appointed in respect of her affairs would not breach Article 8 and should take place.	2009-04-12	2009 cases, Brief summary, Northern Irish cases, Other capacity cases, Transcript
Re MB (Caesarean Section) (1997) EWCA Civ 1361 — The claimant lacked capacity on a temporary basis because of her fear of needles; in an emergency the doctors would be free to administer anaesthetic if that were in her best interests.	2009-04-11	1997 cases, No summary, Other capacity cases, Transcript
Re P (2009) EWHC 163 (Ch) — The Court of Protection is not bound by the substituted judgment approach from the previous legislation, including the Mental Health Acts 1959 and 1983, but must apply the Mental Capacity Act 2005 best interests approach (the general philosophy of which is discussed)	2009-02-10	2009 cases, Detailed summary, Other capacity cases, Transcript
Lindsay v Wood (2006) EWHC 2895 (QB) — The claimant was unable to deal with the advice he was likely to receive (in relation to offers to settle his PI claim) or to give reliably rational instructions based on that advice, and therefore was a patient within the meaning of CPR Part 21.	2009-01-17	2006 cases, Brief summary, Other capacity cases, Transcript
Folks v Faizey (2006) EWCA Civ 381 — The challenge to the appointment of a litigation friend for the claimant in a PI claim failed: the appointment, which followed a bona fide application based on adequate evidence and agreement of the patient and litigation friend, would not prejudice the other party and had minimal importance to the outcome of the litigation.	2009-01-17	2006 cases, Brief summary, Other capacity cases, Transcript
RP v UK 38245/08 (2008) ECHR 1124 — Statement of facts and questions to the parties. (1) Did the appointment of the Official Solicitor give rise to a breach of RP’s procedural rights guaranteed by Article 8 of the Convention? (2) Did the same circumstances give rise to a breach of Article 6 as regards the fairness of the court proceedings?	2009-01-15	2008 cases, Brief summary, Other capacity cases, Transcript
Salford City Council v GJ, re GJ NJ and BJ (Incapacitated Adults) (2008) EWHC 1097 (Fam) — The appropriate safeguards to be put in place when the court authorises the placement of an incapacitated adult in circumstances engaging Article 5 of the Convention.	2008-12-28	2008 cases, Brief summary, Deprivation of liberty, Other capacity cases, Transcript
R v C (2008) EWCA Crim 1155 — If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]	2008-12-14	2008 cases, Brief summary, Criminal law capacity cases, No transcript, Other capacity cases
KC v City of Westminster Social and Community Services Department (2007) EWHC 3096 (Fam) — Muslim marriage where groom lacked capacity was not recognised in English law.	2008-12-14	2007 cases, Brief summary, Other capacity cases, Transcript
London Borough of Newham v BS (2003) EWHC 1909 (Fam) — High Court exercising inherent jurisdiction to determine the best interests of mentally impaired adult. Total lack of road sense and a tendency to rush into the road without looking not seriously irresponsible conduct for purposes of mental impairment. [Caution.]	2008-10-15	2003 cases, No summary, Other capacity cases, Transcript
Re F (Adult Patient: Court's Jurisdiction) (2000) EWCA Civ 192 — Hight Court had power to grant declarations to protect vulnerable adult who lacked capacity from abuse. [Summary required.]	2008-10-15	2000 cases, No summary, Other capacity cases, Transcript
Re SK (2007) EWHC 3289 (Fam) — Applications by mother in the course of proceedings concerning the best interests of a vulnerable adult, SK. Applications refused.	2008-10-06	2007 cases, Brief summary, Other capacity cases, Transcript
A Local Authority v E (2007) EWHC 2396 (Fam) — Application by a local authority under the inherent jurisdiction of the court for directions as to the future of a vulnerable person who has been in care and has now reached 18.	2008-10-06	2007 cases, Brief summary, Other capacity cases, Transcript
LLBC v TG (2007) EWHC 2640 (Fam) — Best interests case.	2008-10-06	2007 cases, Detailed summary, Other capacity cases, Transcript
Bailey v Warren (2006) EWCA Civ 51 — PRACTICE — Parties — Mental capacity — Action for damages for personal injuries compromised by claimant before proceedings commenced — Subsequent lack of mental capacity leading to appointment of litigation friend — Whether valid approval of compromise — CPR Pt 21. The established principles relating to mental incapacity and the conduct of litigation were to be applied to the compromise of an action by a claimant before he became a “patient” within the meaning of CPR r 21.1 and which was made before any proceedings were commenced. (ICLR summary.)	2008-09-25	2006 cases, Detailed summary, Other capacity cases, Transcript
London Borough of Ealing v KS (2008) EWHC 636 (Fam) — Applications by local authority seeking declarations that a vulnerable adult lacked capacity, among other things, to marry; consent to medical treatment; have sexual relations or decide her place of residence.	2008-09-21	2008 cases, Brief summary, Capacity to consent to sexual relations, Other capacity cases, Transcript
KC v City of Westminster Social and Community Services Department (2008) EWCA Civ 198 — Muslim marriage where groom lacked capacity was not recognised in English law.	2008-09-12	2008 cases, Detailed summary, Other capacity cases, Transcript
RP v Nottingham City Council (2008) EWCA Civ 462 — Role of Official Solicitor considered.	2008-09-12	2008 cases, Brief summary, Other capacity cases, Transcript
A Primary Care Trust v AH (2008) EWHC 1403 (Fam) — Reasons given for making an interim order under the Mental Capacity Act 2005 relating to a 22 year old adult male suffering from severe epilepsy.	2008-09-12	2008 cases, Brief summary, Other capacity cases, Transcript
Re PS (An Adult) (2007) EWHC 623 (Fam) — Under inherent jurisdiction the court made orders that (1) PS could lawfully be prevented from leaving residential care unit (2) a receiver would be appointed without the need for a separate application to the Court of Protection.	2008-02-22	2007 cases, Brief summary, Other capacity cases, Transcript
Trust A v H (An Adult Patient) (2006) EWHC 1230 (Fam) — H lacked capacity to decide about medical treatment for her gynaecological condition; it was in her best interests to receive that treatment; appropriate sedation and restraint for pre- and post-operative treatment was lawful.	2008-02-22	2006 cases, Brief summary, Other capacity cases, Transcript
JE v DE and Surrey County Council (2006) EWHC 3459 (Fam) — In determining whether a person is deprived of his liberty, the crucial question is whether he is is “free to leave” the institution, not only for approved outings but also permanently to go or live where or with whom he chooses; there can be deprivation of liberty in the absence of a lock or physical barrier, and it can equally be caused by the misuse or misrepresentation of even non-existent authority	2007-01-20	2006 cases, Deprivation of liberty, Detailed summary, Other capacity cases, Transcript