Possibly as a result of lessons learned in relation to the case of Mrs H, the same NHS Trust has brought a further application in … Read More ›
Category: Case comments
The correct application of the presumption of capacity in s.1(2) MCA is a perennially difficult question. On the one hand, we have the situation of … Read More ›
Following the recent – deeply troubling – case involving Sherwood Forest Hospitals Foundation NHS Trust, Hayden J has had to grapple with a further case … Read More ›
Further to the judgment in Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, discussed here, it has become clear that the … Read More ›
In QJ v A Local Authority Hayden J was considering the situation of an 87 year old man with vascular dementia challenging a DoLS authorisation … Read More ›
In Sherwood Forest Hospitals NHS Foundation Trust & Anor v H [2020] EWCOP 5, the delay in bringing and then resolving an application relating to medical … Read More ›
In GSTT & SLAM v R [2020] EWCOP 4, Hayden J has come back to the extremely thorny question of what the court is meant to … Read More ›
In Cheshire West And Chester Council v PWK [2019] EWCOP 57, Sir Mark Hedley had to consider (in the context of a s.21A challenge) whether … Read More ›
In A Local Authority v PS & HS [2019] EWCOP 60, the court had to decide upon an 80 year-old woman’s capacity and best interests … Read More ›
In The London Borough of Hillingdon v JV & Ors [2019] EWCOP 61, decided at the end of last year but only recently appearing on Bailii, … Read More ›