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England and Wales decisions
Decisions matching the current search
The Court of Protection criticised prolonged delay in bringing JP’s CANH best-interests case, stressing prompt, patient-centred decision-making and proactive commissioner oversight.
The trial judge erred in law by treating absence of belief as determinative of incapacity under the MCA 2005, failed to give adequate reasons for departing from unanimous expert evidence, and misapplied the statutory tests; the declaration of incapacity is set aside and Sudiksha is presumed to have had capacity.
Source excerpt
Application for authority to remove bone marrow from SW for transplant to SAN was struck out as misconceived and vexatious, with costs ordered and reporting restrictions varied.
The Supreme Court held that best interests under the Mental Capacity Act require a holistic, patient-centred assessment and upheld a declaration on CPR.
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