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England and Wales Case Law

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Mental capacity

Alison Parr v Cheshire East Council & Anor

The Court of Protection granted Alison Parr personal welfare deputyship for her adult daughter Ruby and varied reporting restrictions to permit naming the family.

  • Deputyship
  • Best interests
  • Transparency orders
  • Capacity assessment
  • Personal-welfare-deputyship
  • Court-of-protection
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Mental capacity [2026] EWCOP 19

Bristol City Council v CC & Ors

Bristol City Council v CC & Ors [2026] EWCOP 19 (T3) (30 April 2026)

The Court of Protection made final declarations on CC’s capacity, held his care arrangements amount to a deprivation of liberty, and authorised ongoing best-interests care plans.

  • Capacity assessment
  • Deprivation of liberty
  • Best interests
  • Care arrangements
  • Contact with others
  • Property and financial affairs
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Transport law

SPS Logistics Limited v Department for Infrastructure (NI)

The Upper Tribunal dismissed SPS Logistics Limited’s appeal against refusal of an operator’s licence, holding the site was unsuitable due to oversubscription.

  • Operator’s licence
  • Operating centre suitability
  • Capacity assessment
  • Appeal process
  • Statutory requirements for licensing
  • Operator-licence
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Mental capacity

SJ v Cardiff & Vale University Health Board & Anor

SJ lacks capacity to conduct proceedings, manage diabetes, and make decisions about care and support due to schizophrenia-related delusional beliefs and avolition. She has capacity to decide where to live only between options assessed as meeting her needs. The risks of a trial at home are unacceptably high and cannot be mitigated; continued residence at Z Placement with current care is in her best interests. Deprivation of liberty is necessary, proportionate, and authorised.

  • Capacity assessment
  • Best interests
  • Deprivation of liberty
  • Diabetes management
  • Supported living
  • Litigation capacity
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Health law

Barking, Havering and Redbridge University Hospitals NHS Trust v AS & Anor

The court found that artificial feeding, IV fluids, and blood tests would provide minimal benefit and intolerable burdens for AS, whose condition is irreversible and whose life expectancy is short. AS previously declined NG tube insertion. The unanimous clinical evidence supports a palliative care approach, which is in AS's best interests.

  • Best interests
  • Withdrawal of medical treatment
  • Palliative care
  • Advance statements
  • Capacity assessment
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Mental capacity

PX, Re

PX lacks capacity to conduct proceedings and make decisions regarding residence and contact due to her learning disability. There is an immediate risk of emotional harm in MX's care, and insufficient evidence of risk in FX's care or at C1. It is in PX's best interests to return immediately to C1 and for contact with MX to be supervised pending a full hearing.

  • Capacity assessment
  • Best interests
  • Supervised contact
  • Residence
  • Interim orders
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Mental capacity

PX (Contested final hearing), Re

PX lacks capacity to make relevant decisions; MX's contact must be supervised due to risk of emotional harm; PX should reside with FX during holidays; no restrictions on FX's contact; DOLs and permission requirement orders are justified to protect PX's welfare.

  • Capacity assessment
  • Best interests
  • Contact arrangements
  • Deprivation of liberty
  • Supervision of contact
  • Permission to issue proceedings
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Mental capacity

PX, Re

PX lacks capacity to conduct proceedings and make decisions regarding residence and contact. MX poses a risk of emotional and potentially physical harm to PX if contact is unsupervised. It is in PX's best interests to reside with FX during holidays and for MX's contact to be supervised by a professional or, where not possible, limited to video calls.

  • Capacity assessment
  • Best interests
  • Supervised contact
  • Residence
  • Safeguarding
  • Interim orders
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Mental capacity [2026] EWCOP 15

Barking, Havering and Redbridge University Hospitals NHS Trust v AS & Anor

Barking, Havering and Redbridge University Hospitals NHS Trust v AS & Anor [2026] EWCOP 15 (T3) (24 March 2026)

The Court of Protection authorised a palliative care plan for an 83-year-old stroke patient, declining further NG or PEG feeding, IV fluids, potassium, and blood tests.

  • Best interests
  • Withdrawal of medical treatment
  • Palliative care
  • Advance statements
  • Capacity assessment
  • Best-interests
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.