Not many cases (239 of them) have been added to the database so far. To see the full list of cases (2066) go to the Mental health case law page.
The relevant pages (and summaries) are displayed at the bottom of this page.
Choose a table:
- Cases (239)
- Contact (245)
- Events (357)
- Jobs (61)
- Legislation (125)
- News (446)
- Resources (313)
- All pages (8691)
Use the filters below to narrow your results.
Showing below up to 2 results in range #1 to #2.
|AM (Afghanistan) v SSHD (2017) EWCA Civ 1123||
Immigration tribunal - fair hearing, litigation friends
In this judgment the Court of Appeal gave guidance on the general approach to be adopted in FTT and UT immigration and asylum cases to the fair determination of claims for asylum from children, young people and other incapacitated or vulnerable persons whose ability to effectively participate in proceedings may be limited. In relation to litigation friends, despite there being no provision in the tribunal rules for litigation friends, the court decided that: "[T]here is ample flexibility in the tribunal rules to permit a tribunal to appoint a litigation friend in the rare circumstance that the child or incapacitated adult would not be able to represent him/herself and obtain effective access to justice without such a step being taken. In the alternative, even if the tribunal rules are not broad enough to confer that power, the overriding objective in the context of natural justice requires the same conclusion to be reached."
|R v C (2008) EWCA Crim 1155||
Capacity to consent to sexual activity
If the complainant consented to sexual activity against her inclination because she was frightened of the defendant, even if her fear was irrational and caused by her mental disorder, it did not follow that she lacked the capacity to choose whether to agree to sexual activity. [Overturned on appeal.]