February 2014 update


  • Caesarian case. Royal Free NHSFT v AB [2014] EWCOP 50, [2014] MHLO 127 — "The Trust seeks three declarations that: (a) AB lacks capacity to consent to medical treatment, including to a Caesarean Section; (b) AB lacks capacity to monitor and regulate her own intake of food and/or drink; (c) AB lacks capacity to decide whether to comply with her regime of diabetic medication."§
  • Sex case. AB v LM [2013] EWHC 1234 (COP), [2013] MHLO 139 — "I find on paying close attention to Dr P's advice, but also considering the contribution of Dr G, that Lisa does possess the abilities required to lead to the conclusion that she has capacity to make decisions about whether or not to have sexual relations. She is somebody who has been full to sexually active in the past; she has had children; she understands the rudiments of the sexual act; she has a basic understanding of issues of contraception and the risks of sexually transmitted diseases. The area in which she is weakest is her ability to understand the implications for herself should she become pregnant. Pregnancy for Lisa would be an extremely serious state of affairs; there can be no doubt about that. But her weakness in that respect does not, for me, lead to the conclusion that her capacity is absent; it argues for her to receive continued safeguarding and help, advice and explanation as and when the question of sexual activity might become a reality."§
  • Extradition case. Republic of South Africa v Dewani [2014] EWHC 153 (Admin), [2014] MHLO 3If the RSA government were to give a suitable undertaking, it would not be oppressive or unjust to return Dewani to the RSA for trial. The undertaking would need to be to the following effect: "In the event of the appellant being found unfit to be tried, he will be free to return to the UK, unless there is found to be a realistic prospect of his being tried within a year (or other stated reasonable period) of that finding and the trial takes place within the period. In any event the appellant must be free to return in the event a Court in South Africa, having found him unfit to be tried, embarked on the process of determining under the Criminal Procedure Act 1977 whether he did the act." §

Articles and blogs

  • Emergency Shorts website: Mental Health Cop. The blog posts are, at the time of writing, still available on this website. See Miscellaneous external links
  • Kashmira Gander,' Mental Health Cop Twitter account suspended: Inspector's feed under investigation by West Midlands Police' (Independent, 17/2/14). See Miscellaneous external links


  • Event. Browne Jacobson Solicitors, together with Nottingham University Hospitals NHS Trust, are running a one-day conference in Nottingham on Tuesday 11/3/14 entitled 'Liabilities in elderly care conference 2014: Reducing legal risk in an ageing Britain'. Speakers include representatives from the NHS Litigation Authority, CQC, Department of Health, RCGP, HM Coroner, and British Geriatrics Society, plus academics and leading counsel. Standard price is £150 plus VAT, but a discounted price of £100 plus VAT is available for MHLO readers (mention MHLO in the online 'invoice details' box, or when you email or call). For more details see flyer, and to register online please go to the Browne Jacobson website. See Events