England and Wales Case Law

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.

Source excerpt

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

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Eesa Mohammed v Adam Ali & Anor

The Recorder erred in law by requiring a contested preliminary hearing to determine litigation capacity before appointing a substitute litigation friend, contrary to the guidance in Folks v Faizey. The correct approach was to appoint a litigation friend on the OPE basis unless the defendant would be prejudiced, which was not the case here. The Recorder’s decision to hold a capacity hearing was unnecessary, procedurally wrong, and increased costs. The refusal to transfer the case to the High Court was a case management decision within the Recorder’s discretion and not plainly wrong.

Source excerpt

• Litigation capacity
• Appointment of litigation friend
• Case management
• Transfer of proceedings
• Costs
• Fundamental dishonesty

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Mohammed v Ali & Anor

Mohammed v Ali & Anor [2026] EWHC 401 (KB) (24 February 2026)

High Court appeal on litigation capacity and litigation-friend procedure in a road traffic personal injury claim. The court set aside a preliminary capacity hearing.

• Litigation capacity
• Appointment of litigation friend
• Case management appeals
• Transfer between courts
• Costs orders
• Litigation-capacity

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LM v NHS Sussex Integrated Care Board

LM lacks capacity to conduct proceedings and to decide his residence because his inability to appreciate and weigh information about his need for intensive support undermines meaningful decision-making. Care and accommodation are inextricably linked in this case; LM's rejection of necessary care demonstrates incapacity in both domains.

Source excerpt

• Capacity assessment
• Deprivation of liberty
• Best interests
• Litigation capacity
• Residence decisions

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LM, In the Matter Of

LM, In the Matter Of [2025] EWCOP 50 (T2) (09 December 2025)

The Court of Protection held that LM lacked capacity to conduct proceedings and to decide where he lives, finding his care and residence decisions were closely linked.

• Mental capacity assessment
• Deprivation of liberty
• Litigation capacity
• Residence decisions
• Care and support decisions
• Mental-capacity

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Medway v M and F (Assessment of capacity)

Medway v M and F (Assessment of capacity) [2025] EWFC 357 (B) (22 October 2025)

The Family Court held that the mother had litigation capacity in ongoing care proceedings, despite mental health concerns and refusal to engage with assessment.

• Litigation capacity
• Interim care orders
• Assessment of mental health
• Children's welfare
• Expert evidence in capacity
• Parental rights

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Medway Council v M & Anor (Assessment of capacity)

The Family Court held that the mother had litigation capacity in child welfare proceedings, despite concerns about mental health and refusal to engage with assessment.

• Litigation capacity
• Child arrangements
• Mental capacity act 2005
• Expert evidence
• Litigation-capacity
• Mental-capacity-act-2005

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DP v London Borough of Lambeth

DP v London Borough of Lambeth [2025] EWCA Civ 985 (25 July 2025)

Court of Appeal held that a mistaken assumption about the appellant’s ability to comply with tribunal directions caused procedural unfairness. Appeal allowed and remitted.

• Housing benefit overpayment
• Procedural fairness
• Litigation capacity
• Tribunal procedure
• Mistake of fact
• Appointment of litigation friend

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Lioubov Macpherson v Sunderland City Council

The Court of Protection held that Ms Macpherson had capacity to conduct her appeal and had capacity at the January 2024 contempt hearing.

• Litigation capacity
• Mental capacity act 2005
• Contempt of court
• Committal proceedings
• Appeals
• Litigation-capacity

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Macpherson v Sunderland City Council

Macpherson v Sunderland City Council [2025] EWCOP 18 (T3) (22 May 2025)

The Court of Protection held that Lioubov Macpherson had capacity to conduct her appeal and had capacity at the January 2024 contempt hearing.

• Litigation capacity
• Mental capacity act 2005
• Committal proceedings
• Appeal procedure
• Best interests
• Delusional disorder

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