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
Pitt v Holt (2013) UKSC 26, (2013) MHLO 46 — As receiver under the MHA 1983 (old equivalent to deputy under the MCA 2005) for her husband, Mrs Pitt set up a settlement trust which overlooked the impact of inheritance tax; Futter's case did not involve the mental capacity. (1) The court considered the Hastings-Bass rule, and dismissed Mrs Pitt's appeal on this point (she had not breached her fiduciary duty so the settlement would not be set aside on this basis). (2) The court considered the test for setting aside a voluntary disposition on the ground of mistake, and allowed Mrs Pitt's appeal on this point.	2013-05-11	2013 cases, Brief summary, Other capacity cases, Transcript
Re GM: MJ and JM v The Public Guardian (2013) MHLO 44 (COP) — "The applicants ... have applied to the court for the retrospective approval of a number of gifts they have made from GM’s funds to themselves, their families, some friends and several charities, and also for the court to agree what they have described as their deputyship expenses. ... I have no hesitation in revoking their appointment as deputies. GM’s finances are in disarray because of their conduct, and it is in her best interests that someone with experience of cases of unjust enrichment and restitution, such as a panel deputy, is appointed to manage her affairs in their place." [Summary required.]	2013-05-07	2013 cases, No summary, Other capacity cases, Transcript
Stoke City Council v Maddocks (2013) EWHC 1137 (COP), (2013) MHLO 38 — (1) As a result of his Alzheimer's Disease and vascular dementia, JM lacked capacity to litigate, or make decisions as to his residence, care plan, contact with his family, or dealing with his property and financial affairs. (2) It was in JM's best interests to remain at the AH care home; it was not in his best interests to be cared for by his daughter WM, either in the UK or Turkey, in particular because of her psychological profile and failure to provide a detailed proposed care plan. (3) In light of a recent development (JM had been taken out of the care home in breach of an injunction), contact by family members could be suspended, and resinstated at the discretion of the local authority. (4) A local authority deputy was appointed to sell the home and administer the finances, because if WM were deputy she would refuse to meet the local authority's fees. (5) JM's passport could not be returned to the family and would remain with the Official Solicitor until further review. (6) ..→	2013-05-04	2013 cases, Brief summary, Other capacity cases, Transcript
Greaves v Stolkin (2013) EWHC 1140 (Ch), (2013) MHLO 36 — "Mr Leslie Stolkin ..., some seven weeks before his death, executed a codicil. This case concerns the validity of that document. ...[O]ne of the deceased's sons, Mr Gary Stolkin ... disputes the validity of the Disputed Codicil on two grounds: (i) Want of testamentary capacity; and (ii) Want of knowledge and approval. ... In my judgment, the Disputed Codicil is valid, and it should be admitted to probate." [Summary required.]	2013-05-04	2013 cases, No summary, Other capacity cases, Transcript
Baker Tilley (A Firm) v Makar (2013) EWHC 759 (QB), (2013) MHLO 33 — During a detailed assessment costs hearing M became tearful and distressed and lay on the floor screaming. M refused to grant access to her medical files and at a further hearing, in the absence of medical evidence, the master decided that M was a protected person for the purposes of CPR Part 21, and stayed procedings pending the appointment of a litigation friend. Held: The master put more weight on the incident than necessary, and should have taken account of M's ability to take part in other litigation. In the absence of medical evidence the court should be cautious before concluding that a litigant is suffering from a disturbance of the mind. [Summary based on Lawtel/Westlaw summary.]	2013-04-05	2013 cases, Brief summary, Other capacity cases, Transcript
R (Chatting) v Viridian Housing (2012) EWHC 3595 (Admin), (2012) MHLO 177 — "This litigation arises out of what may be loosely called the reorganisation by Viridian Housing, the charity which owns the premises, of the arrangements for the provision of care to residents of the building in which Miss Chatting lives. ... On behalf of Viridian Housing, Mr Christopher Baker urged upon me that the relief sought against his client – namely, declarations that in transferring responsibility for Miss Chatting's care to another organisation Viridian were in breach of a compromise agreement made in earlier litigation and had infringed article 8 of the European Convention on Human Rights – was academic and should not in any event be granted. On behalf of Miss Chatting Mr Stephen Cragg pursued claims for those declarations, as well as a declaration that Wandsworth Borough Council had acted unlawfully in its management of the transfer of Miss Chatting's care, in that it had failed to ensure that care was provided to her in a way that meets her assessed needs and takes ..→	2013-03-28	2012 cases, Community care, No summary, Other capacity cases, Transcript
PB v RB (2012) EWHC 4159 (COP), (2012) MHLO 174 — "This decision deals with a fact-finding hearing held on 10-12 September 2012. ... The local authority sought to prove 13 alleged facts ... " [Summary required.]	2013-03-28	2012 cases, No summary, Other capacity cases, Transcript
Re RGS (2012) EWHC 4162 (COP), (2012) MHLO 173 — "RGS is the person concerned in these proceedings ('P'). The decision for the court is whether one of the parties, his son RBS, has litigation capacity. RBS insists he has, others are less sure." [Summary required.]	2013-03-28	2012 cases, No summary, Other capacity cases, Transcript
Mihailovs v Latvia 35939/10 (2013) ECHR 65, (2013) MHLO 15 — "The applicant alleged, among other things, that he had been held against his will in a State social care institution for more than ten years, that he could not obtain release, and that he had been fully dependent on his wife, who had been his guardian, had not represented his interests, and had opposed all attempts by him to defend his rights." [Summary required; detailed external summary available.]	2013-03-26	2013 cases, ECHR, No summary, Other capacity cases, Transcript
Lashin v Russia 33117/02 (2013) ECHR 63, (2013) MHLO 14 — "The applicant complained, in particular, about his status as a legally incapacitated person, his non-voluntary commitment to a psychiatric hospital and his inability to marry." [Summary required; detailed external summary available.]	2013-03-26	2013 cases, ECHR, No summary, Other capacity cases, Transcript
WCC v AB (2012) MHLO 168 (COP) — Whether AB's aunt should be appointed as litigation friend. [Summary required; detailed external summary available.]	2013-03-26	2012 cases, No summary, Other capacity cases, Transcript
LB Waltham Forest v WD (2010) MHLO 195 — "The issues which I have to consider are four fold: first, WD’s future accommodation and residence; secondly, his contact arrangements with other members of his family; thirdly, the application by the Local Authority for the appointment of a deputy under the Mental Capacity Act 2005; and fourthly, whether or not these proceedings should now come to an end. Other matters of the care plan are fully agreed between the parties. As I have said, the plan put before me is comprehensive and this court is happy to endorse it." [Summary required.]	2013-03-26	2010 cases, No summary, Other capacity cases, Transcript
Turner v Phythian (2013) EWHC 499 (Ch), (2013) MHLO 10 — "Mrs Turner, with the support of several members of the Jolly family, asserts that the will is invalid on three grounds. The first ground is lack of proper execution. It is alleged that the will was not signed by Iris in the joint presence of the witnesses. ... The second ground is that Iris lacked mental capacity to make the will. ... The third ground is that Iris did not know or approve of the contents of the will. ... I find therefore that the contested will is invalid on two grounds; that Iris did not have mental capacity to make the will in August 2010 and that she did not know or approve the contents of the will." [Summary required.]	2013-03-25	2013 cases, No summary, Other capacity cases, Transcript
ZH v Commissioner of Police for the Metropolis (2013) EWCA Civ 69, (2013) MHLO 9 — ZH, a severely autistic, epileptic 19-year-old man, became fixated with the water during a school visit to a swimming pool and would not move from the water's edge: the police were called; when an officer touched him on his back he jumped into the water, fully clothed; the police had him taken out of the pool and restrained him. The police unsuccessfully appealed against the judge's findings on liability (assault, battery and false imprisonment, DDA 1995, ECHR Articles 3, 5, and 8). [Detailed external summary available.]	2013-03-25	2013 cases, Brief summary, Other capacity cases, Transcript
DO v LBH (2012) EWHC 4044 (Admin), (2012) MHLO 165 — "I have before me listed two applications for permission to bring judicial review proceedings and/or for directions against a local authority (LBH) and another interested party, ostensibly in the name of DO, by his sister (EC), the applicant as his Litigation Friend in one of the applications and by both as claimants in respect of the other. ... EC may not agree with the order being made in the Court of Protection proceedings but that does not justify, in my judgment, proceeding by way of judicial review rather than by application or appeal in the Court of Protection proceedings." [Summary required.]	2013-03-25	2012 cases, No summary, Other capacity cases, Transcript
A PCT v LDV (2013) EWHC 272 (Fam), (2013) MHLO 6 — "The two questions considered at the hearing, which form the subject of this judgment, are (1) Do L's current circumstances amount objectively to a deprivation of liberty? (2) When assessing whether L has capacity to consent to her accommodation at WH, in circumstances which amount to a deprivation of liberty, what information is relevant to that decision?" [Summary required; detailed external summary available.]	2013-03-25	2013 cases, Deprivation of liberty, No summary, Other capacity cases, Transcript
Re P (fair trial); Knowsley MBC v P (2013) MHLO 5 (COP) — The press has reported this case as follows: (1) A patient was detained in a psychiatric hospital, then transferred to a psychiatric home; when the six-month section was due to expire, the council obtained a Court of Protection order to prolong detention, without consultation with the patient, her family or her advocate. (2) Peter Jackson J approved a consent order in which the council (a) admitted, in relation to the two months of further detention, violating the patient's Article 5 (liberty), Article 6 (fair trial) and Article 8 (family life) rights, and (b) agreed to pay £6,000 compensation. (3) The patient was allowed home following legal intervention and an occupational therapy assessment. (4) The patient was quoted as saying 'I was held prisoner, it's as simple as that. Even though it's been months since I was able to come home, I still can't sleep. I feel like I just can't trust anyone. I'm constantly worried that they're going to turn up and take me away again.' ..→	2013-02-10	2013 cases, Brief summary, No transcript, Other capacity cases
J Council v GU (2012) EWHC 3531 (COP), (2012) MHLO 137 — "Happily, all parties have agreed a final order which they invite me to approve. I am satisfied that it is a proper order to make and its terms and provisions are fully in the interests of George. However the case has given rise to interesting questions about Article 8 of the European Convention on Human Rights and what the scope of the safeguards should be to ensure compliance with it for the future. I have been exhorted to give a judgment which states unambiguously that the arrangements which I approve are compliant with Article 8. It is said that this judgment is likely to be looked at in any case presenting similar facts." [Detailed summary available.]	2012-12-19	2012 cases, Detailed summary, Other capacity cases, Transcript
R v Ligaya Nursing (2012) EWCA Crim 2521, (2012) MHLO 134 — "This is an appeal against conviction by Ligaya Nursing who, on 15 May 2012 in the Crown Court at Southampton, before His Honour Judge Ralls and a jury, was convicted of neglect of a person who lacked capacity, contrary to s.44 of the Mental Capacity Act 2005." [Detailed summary available.]	2012-12-19	2012 cases, Detailed summary, Other capacity cases, Transcript
Calvert v Clydesdale Bank Plc (2012) EWCA Civ 962, (2012) MHLO 131 — There is no requirement for a mortgagor to give consent or to be capable of giving consent at the time when the security is enforced. Accordingly, the bank were entitled to enforce their mortgage (by the appointment of receivers who sold the property) despite the mortgagor's lack of capacity.	2012-12-18	2012 cases, Brief summary, Other capacity cases, Transcript
X v Finland 34806/04 (2012) ECHR 1371, (2012) MHLO 128 — "The applicant alleged, in particular, under Article 6 of the Convention that she did not receive a fair hearing in the criminal proceedings against her in that she was not given an opportunity to be heard at an oral hearing on the need to appoint a trustee for her for the purpose of those proceedings and that she was not given an opportunity to examine witnesses on her behalf. She also alleged under Articles 5 and 8 of the Convention that she was unnecessarily and unlawfully subjected to involuntary care in a mental institution and to forced administration of medication. She further claimed under Article 13 of the Convention that she did not have an effective remedy to challenge the forced administration of medication." [Detailed summary available via external link.]	2012-12-18	2012 cases, Detailed summary, ECHR, Other capacity cases, Transcript
Dunhill v Burgin (2012) EWHC 3163 (QB), (2012) MHLO 115 — The 'compromise rule' in the Civil Procedure Rules provides that where a claim is made by or on behalf of a party who lacks capacity to conduct the proceedings (a child or protected party), no settlement of that claim shall be valid without the approval of the court. (1) The rule applies to a claim settled at the door of the court where at the time of the settlement the claimant was not known to lack capacity. (2) The claimant was a protected party ('a party, or an intended party, who lacks capacity to conduct the proceedings') and the Court of Appeal had decided that she lacked capacity to settle her claim. (3) The compromise in this case was invalid; the judgment based on it must be set aside, and the substantive claim should proceed to a trial on the merits. (4) The judge granted a certificate under s12 Administration of Justice Act 1969 to enable an application to be made to the Supreme Court for permission to bring a 'leapfrog' appeal from this decision. ..→	2012-11-17	2012 cases, Detailed summary, Other capacity cases, Transcript
Re AS; SH v LC (2012) MHLO 113 (COP) — AS's niece objected to a panel solicitor's application to be appointed deputy with specific authority to sell a property. (1) Generally speaking the order of preference for the appointment of a deputy is: (a) P's spouse or partner; (b) any other relative who takes a personal interest in P’s affairs; (c) a close friend; (c) a professional adviser, such as the family's solicitor or accountant; (d) a local authority's Social Services Department; and finally (e) a panel deputy, as deputy of last resort. (2) The court prefers to appoint a family member or close friend because of: (a) familiarity with P’s affairs, wishes and communication methods; (b) likely greater ability to consult with P and encourage participation; (c) reasons of economy; (d) the concept of deputyship of last resort. (3) The appointment of a family member will generally be a less restrictive alternative, though the question remains as to whether this will achieve the desired objective as effectively as the ..→	2012-11-12	2012 cases, Brief summary, Other capacity cases, Transcript
A, B and C v X, Y and Z (2012) EWHC 2400 (COP), (2012) MHLO 112 — The court considered X's capacity to marry, make a will or power of attorney, manage affairs, and litigate. (1) X did not lack capacity to marry. The basis for this assessment was correctly stated in Sheffield as follows: (a) it is not enough that someone appreciates that he or she is taking part in a marriage ceremony or understands its words; (ii) he or she must understand the nature of the marriage contract; (c) this means that he or she must be mentally capable of understanding the duties and responsibilities that normally attach to marriage; (d) that said, the contract of marriage is in essence a simple one, which does not require a high degree of intelligence to comprehend, and the contract of marriage can readily be understood by anyone of normal intelligence. (2) The judge did not make a general declaration that X lacked testamentary capacity, but qualified this by saying that (a) there would be increasingly many times when X lacked such capacity, and (b) any will now made, ..→	2012-11-12	2012 cases, Brief summary, LPA cases - all, LPA cases - capacity to make an LPA, Other capacity cases, Transcript
Stoke City Council v Maddocks (2012) EWHC B31 (COP), (2012) MHLO 111 — (1) One of JM's children, WM, had breached court orders by, amongst other things, (a) arranging for JM to be taken from the care home to hear judgment delivered, and separately to see a solicitor, (b) discussing the possibility of moving back home with him, (c) harassing her father and employees of the local authority and care home. (2) WM was sentenced to five months' imprisonment for contempt because (a) there had been a considerable number of breaches of court orders, and (b) she had no intention, unless restrained by a severe measure by the court, of obeying the orders herself.	2012-11-11	2012 cases, Brief summary, Other capacity cases, Transcript
Re CA (A Baby); Coventry City Council v C (2012) EWHC 2190 (Fam), (2012) MHLO 110 — The mother in this case consented to life-sustaining surgery and pain relief during childbirth; on the day of birth she initially refused to consent to the local authority accommodating her daughter under Children Act 1989 s20 but later, after morphine and encouragement, consented. (1) Detailed guidance, approved by the President of the Family Division, was given for social workers in respect of obtaining s20 consent from a parent to the removal of a child immediately or soon after birth, including the following: (a) the social worker is under a personal duty to be satisfied that the person giving consent has capacity; (b) consent must be fully informed; (c) the obtaining of such consent and the subsequent removal must be both fair and proportionate. (2) Capacity is issue- and situation-specific: in this case the fact that the mother could make decisions about surgery and pain relief did not indicate that she could make decisions about the removal of her child; the judge ..→	2012-11-08	2012 cases, Detailed summary, Other capacity cases, Transcript
Re Clarke (2012) EWHC 2947 (COP), (2012) MHLO 109 — (1) Michael Clarke's application that the court postpone a decision on costs (and in the interim to make orders for disclosure and for the production of further accounts by the Deputy and the Office of the Public Guardian) was refused. (2) The costs of the other family members and the deputy would be charged from Ann Clarke's estate. (3) In the light of the one-sided publicity that Michael Clarke gives to the affairs of the family, the three judgments were placed into the public domain.	2012-10-29	2012 cases, Brief summary, Other capacity cases, Transcript
Re Clarke (2012) EWHC 2714 (COP), (2012) MHLO 108 — Michael Clarke objected to the deputy selling of his elderly mother's (Ann Clarke's) house to pay for future care as he considered it to be his. (1) No party asked for an oral hearing and the judge was satisfied that there was nothing to be gained by that. (2) Thre was a balance to be struck between the consequences of (a) retaining the property and leaving Ann Clarke on a low income, or (b) selling the property and maintaining a higher standard of living for Ann Clarke until the funds are exhausted, with her having no familiar home and, if she lived long enough, no money either. (3) Mrs Clarke's Blackpool property shall not be sold or charged during her lifetime without an order of this Court. (4) The deputyship was therefore discharged. (5) Publication of the judgments was authorised as, given Michael Clarke's comprehensive and long-standing breaches of his mother's entitlement to privacy, the court's reasons should be made known.	2012-10-29	2012 cases, Brief summary, Other capacity cases, Transcript
Re Clarke (2012) EWHC 2256 (COP), (2012) MHLO 107 — Following an accident, Ann Clarke suffered brain injuries and was awarded damages of £775,000. This money was used to pay for care and buy a home in Blackpool which was worth £200-250,000. The deputy proposed to sell the house to pay for care when the remainder of the money ran out, but Michael Clarke (son and carer) applied to court to prevent this. (1) Ann Clarke had the mental capacity to make a will (in particular, one leaving the house to the applicant and nothing to his siblings). (2) Whether or not Ann Clarke had mental capacity to manage her state pension and benefits it was lawful and in her best interests for these to be paid to her carer(s) to be applied for her benefit. (3) Ann Clarke did not have the mental capacity to decide whether or not her Blackpool property should be sold.	2012-10-29	2012 cases, Brief summary, Other capacity cases, Transcript
RP v UK 38245/08 (2012) ECHR 1796, (2012) MHLO 102 — The appointment of the Official Solicitor (who decided, against RP's wishes, not to oppose the making of a care order and a placement order) did not breach RP's Article 6 or Article 8 rights.	2012-10-13	2012 cases, Brief summary, ECHR, Other capacity cases, Transcript
Re SK (2012) EWHC 1990 (COP), (2012) MHLO 98 — "This is an application by the parties to certain Queen's Bench personal injury proceedings who seek in effect to be joined in these Court of Protection proceedings. The subject of both sets of proceedings is SK, a mentally incapacitated adult aged 55. The issue which arises one way or another in both sets of proceedings is as to his care, accommodation and rehabilitation. The two applicants for joinder to these proceedings are (a) CK, aged 52, brother of SK and (b) GA Group PLC, a bus company whose bus struck SK in November 2008, causing him severe lasting brain and physical injuries. That company is the defendant in the Queen's Bench proceedings." [Summary required.]	2012-09-30	2012 cases, No summary, Other capacity cases, Transcript
Re KK; CC v KK (2012) EWHC 2136 (COP), (2012) MHLO 89 — KK was moved to a care home against her wishes, subject to a DOLS standard authorisation, and appealed under MCA 2005 s21A. (1) Having heard her oral evidence, the judge disagreed with the unanimous expert evidence that she lacked capacity to make decisions about her residence and care. (2) In light of the case law and the facts of the case, she had not been deprived of her liberty.	2012-09-27	2012 cases, Brief summary, Deprivation of liberty, Other capacity cases, Transcript
Re BS; SC v BS (2012) MHLO 78 (COP) — The jointly-instructed psychiatrist, although an expert in autism, did not have experience of applying the test for capacity in the context of litigation in the Court if Protection, so the court directed that an alternative expert be instructed.	2012-08-17	2012 cases, Brief summary, Other capacity cases, Transcript
Re DS; A Local Authority v DS (2012) EWHC 1442 (Fam), (2012) MHLO 68 — In this case the President of the Family Division gave guidance on LSC prior authority for expert evidence in the Family Division, and suggested wording for court orders.	2012-06-23	2012 cases, Brief summary, Other capacity cases, Transcript
Sedge v Prime (2012) MHLO 66 (QB) — "This is an application for an interim payment of £300,000 to enable the Claimant to move from the 'Little Oyster' residential care home, Sheerness, Kent where he currently lives into his own accommodation with a 24 hour care regime. At first this is to be by way of a trial run in a bungalow which has already been rented for one year and adapted for him. If the trial is successful then permanent renting or purchase of a home are the options. If not, return to a residential home is likely." [Summary required.]	2012-06-23	2012 cases, No summary, Other capacity cases, Transcript
X Primary Care Trust v XB (2012) EWHC 1390 (Fam), (2012) MHLO 54 — "This matter concerns an application by the XPCT for declarations under s.26(4) of the Mental Capacity Act 2005 as to the validity of an advance decision made by XB on 2nd November 2011 that he wished, amongst other things, to have his ventilation removed in certain defined circumstances." [Summary required.]	2012-06-21	2012 cases, No summary, Other capacity cases, Transcript
Re G (2012) EWCA Civ 431, (2012) MHLO 52 — The local authority issued proceedings under the court's inherent jurisdiction in relation to a 30-year-old with Downs Syndrome history who was in the exclusive care of her mother. This decision relates to an unsuccessful appeal against case management orders. [Summary required.]	2012-05-05	2012 cases, No summary, Other capacity cases, Transcript
Verlander v Rahman (2012) EWHC 1026 (QB), (2012) MHLO 49 — Personal injury quantum judgment including the following issues: (1) whether and to what extent the claimant's disabilities were due to frontal lobe brain damage (and are now incapable of significant improvement) or due depression or psychological factors (which may well improve over time); (2) whether the claimant had capacity to manage her properties and affairs.	2012-05-05	2012 cases, Brief summary, Other capacity cases, Transcript
LB Haringey v FG (No. 1) (2011) EWHC 3932 (COP) — "In this case there are a number of matters: does H have capacity to conduct litigation; does she have capacity to decide where she should live, or capacity to decide where she should be educated, or capacity to decide on the extent of the contact and relationship she should have with her natural family; capacity to deal with her financial affairs, or to enter into what has been described as a tenancy agreement, and capacity in a sense to judge her own best interests in those respects?" [Summary required.]	2012-05-05	2011 cases, No summary, Other capacity cases, Transcript
Dunhill v Burgin (2012) EWCA Civ 397, (2012) MHLO 33 — (1) In deciding whether the claimant had capacity to settle a claim for £12,500 (at hearing it would have been worth at least £800,000) the question was not whether she had capacity to enter into that settlement but whether she had capacity to litigate. (2) On the facts, she had lacked capacity, and the compromise would never have been approved by the court.	2012-04-13	2012 cases, Brief summary, No transcript, Other capacity cases
Re EB; IB v RC (2011) EWHC 3805 (COP) — "This is an application by the applicant, IB, for the removal of the respondent as his mother's deputy for property and affairs. There is also a counter-application by the respondent, RC, for orders that the applicant sign letters of authority in relation to two bank accounts that are held in the joint names of EB and the applicant." [Summary required.]	2012-03-28	2011 cases, No summary, Other capacity cases, Transcript
DL v A Local Authority (2012) EWCA Civ 253, (2012) MHLO 32 — The local authority brought proceedings under the High Court’s inherent jurisdiction to protect his parents from DL; these proceedings could not have been brought under the MCA 2005 as the parents did not lack capacity under that Act; DL argued that the MCA, by establishing a comprehensive scheme for adults, had displaced the inherent jurisdiction. (1) The inherent jurisdiction of the High Court in relation to vulnerable adults survives the implementation of the MCA 2005, which only relates to adults who lack capacity as defined in the Act. (2) The absence of any express provision in relation to the inherent jurisdiction implies that it continues to be available, as 'the great safety net', where the Act does not apply; in any event, there is a strong policy justification, the protection of vulnerable adults, for this conclusion. (3) The jurisdiction is in part aimed at enhancing or liberating the autonomy of a vulnerable adult whose autonomy has been compromised by a reason ..→	2012-03-28	2012 cases, Brief summary, Other capacity cases, Transcript
Seaton v Seddon (2012) EWHC 735 (Ch), (2012) MHLO 28 — Chancery case partly involving, in relation to the fourth claimant, consideration of the effect of mental incapacity on statutory limitation periods. (1) If a claimant is under one disability (minority) when the cause of action accrued, and subsequently under a second overlapping disability (mental incapacity), the limitation period does not run until he is no longer under the second disability. (2) The question of disability for the purpose of limitation should be determined under the law as it stood when the proceedings were commenced (in this case: whether he was 'of unsound mind [meaning that he] by reason of mental disorder within the meaning of the Mental Health Act 1983, is incapable of managing or administering his property and affairs' rather than the new test of whether he 'lacks capacity (within the meaning of the Mental Capacity Act 2005) to conduct legal proceedings'. (3) On the facts, the fourth claimant was not 'of unsound mind'; hence he would not meet the new test ..→	2012-03-24	2012 cases, Brief summary, Other capacity cases, Transcript
ZH v Commissioner of Police for the Metropolis (2012) EWHC 604 (QB), (2012) MHLO 25 — ZH, a severely autistic, epileptic 19-year-old man, became fixated with the water during a school visit to a swimming pool and would not move from the water's edge: the police were called; when an officer touched him on his back he jumped into the water, fully clothed; the police had him taken out of the pool and restrained him. (1) The police actions constituted assault, battery and false imprisonment. There was no need for the police to be aware of the Mental Capacity Act 2005 for the defence in ss5-6 to be made out, but on the facts it was not. When the MCA applies, the common law defence of necessity has no application, but had it applied it would have failed. (2) There was a breach of the DDA 1995 duty to make reasonable adjustments to the normal practice, policy or procedure, and the defence of justification failed. (3) The inhuman or degrading treatment breached Article 3. (4) Even treating purpose and intention as relevant, there was a ..→	2012-03-23	2012 cases, Brief summary, Other capacity cases, Transcript
Long v Rodman (2012) EWHC 347 (Ch), (2012) MHLO 12 — The general guardian (under an order made by a court in Nevada) sought to be appointed deputy in place of the existing deputy. Variation or discharge under s16(7) must be done in accordance with P's best interests; in this case a change of deputy would not be in P's best interests.	2012-03-01	2012 cases, Brief summary, Other capacity cases, Transcript
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. [Caution.]	2011-03-29	2011 cases, Brief summary, Other capacity cases, Transcript
Pitt v Holt (2011) EWCA Civ 197 — As receiver under the MHA 1983 (old equivalent to deputy under the MCA 2005) for her husband, Mrs Pitt set up a settlement trust which overlooked the impact of inheritance tax; Futter's case did not involve the mental capacity. (1) The court considered the Hastings-Bass rule, including the distinction that an act in the exercise of a dispositive discretion is (a) void if done by trustees outside the scope of the relevant power, but may be (b) voidable if done within the terms of their power but in breach of a fiduciary duty (the same principles apply to others in a fiduciary position, including receivers). (2) Mrs Pitt's acts were within the terms of the power conferred by the Court of Protection, so were not void. They were not voidable either, as she had taken professional advice (albeit inadequate advice) from a proper source as to the advantages and disadvantages of the various courses open to her. (3) For a voluntary disposition to be set aside on the basis of mistake: (a) the ..→	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.]	2010-11-26	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.]	2010-11-17	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 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.	2010-07-23	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.") [Caution.]	2010-04-12	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 ..→	2009-11-24	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
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, ECHR, 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.	2008-09-13	2008 cases, Detailed summary, Other capacity cases, Transcript
RP v Nottingham City Council (2008) EWCA Civ 462 — Role of Official Solicitor considered.	2008-09-13	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.	2008-09-13	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.	2008-02-23	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