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Case Law and Legal Summaries

Case Law summaries

Case Law and Legal Summaries: monthly overview and analysis of selected cases, highlighting implications and recommendations for practice.

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Case Law and Legal Summaries September 2017

This issue considers matters including:

  • Case 1 is an appeal against a decision about legal aid which hinges on a somewhat technical question about which part of the Mental Capacity Act 2005 should be used to challenge medical treatment for a person who is subject to a Deprivation of Liberty Safeguards (DoLS) authorisation.
  • Case 2 reports the outcome of Luke Davey’s appeal against the decision that it was lawful for his local authority to reduce his care budget.
  • In Cases 3 and 4 we look at contrasting best interests decisions. In Case 3, the judge reluctantly decided to prevent a person with a history of life-threatening alcohol addiction from returning to a situation where he would revert to drinking. In Case 4 a different judge equally reluctantly decided to allow a person with a serious head injury to travel abroad for the extremely risky, unproven, experimental treatment that he hoped would ‘make him normal again’.
  • In Case 5 we look at a case about the capacity to consent to sexual relations where a local authority was criticised for the length of time it took to provide this person with the learning sessions he needed to gain the relevant capacity.
  • Case 6 describes where a will was challenged on the grounds that the person making it had either lacked capacity or been coerced.


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