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Drilldown: Cases

So far 289 cases have been added to the database, out of 2109 total cases on the website. To see the full list of cases go to the Mental health case law page.

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Cases > Subject : Criminal law capacity cases or Medical treatment cases & Judges : King or Phillips

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Page name Sentence Summary
JB v University Hospitals Plymouth NHS Trust (2020) EWCA Civ 1772

Death and religion

The COP had decided that it was in RS's best interests not to receive life-sustaining treatment, including artificial ventilation, nutrition and fluids. On appeal, his niece argued that the decision was unjust because of serious procedural error in that it was taken with an insufficient degree of inquiry into how RS would have wanted to be treated against the backdrop of the tenets of his Roman Catholic faith (and also that the judge breached natural justice and Article 6 by prohibiting cross-examination of RS's wife on the grounds that she was distressed and/or by permitting her to communicate additional evidence by a confidential letter to the judge which was not disclosed to the parties). Permission to appeal was not granted.

R v C (2008) EWCA Crim 1155

Capacity to consent to sexual activity

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.]

Re AB (Termination of Pregnancy) (2019) EWCA Civ 1215

Abortion

"The requirement is for the court to consider both wishes and feelings. The judge placed emphasis on the fact that AB's wishes were not clear and were not clearly expressed. She was entitled to do that but the fact remains that AB's feelings were, as for any person, learning disabled or not, uniquely her own and are not open to the same critique based upon cognitive or expressive ability. AB's feelings were important and should have been factored into the balancing exercise alongside consideration of her wishes. ... [I]n my judgement, she clearly gave inadequate weight to the non-medical factors in the case, while the views expressed by the doctors were necessarily significantly predicated upon imponderables. In the end, the evidence taken as a whole was simply not sufficient to justify the profound invasion of AB's rights represented by the non-consensual termination of this advanced pregnancy."

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