R (Chatting) v (1) Viridian Housing (2) Wandsworth LBC [2012] EHC 3595 (Admin)

Judge: Nicholas Paines QC, sitting as Deputy High Court Judge Citation: [2012] EHC 3595 Summary A claim for judicial review was brought by an incapacitated elderly woman who lived in accommodation arranged by the local authority for many years under section 21 National Assistance 1948. The housing association who also provided her with care had […]

Re H, on the application of F and M [2015] EWCOP 52

Judge: Senior Judge Lush Citation: [2015] EWCOP 52 Summary This case concerned an application to appoint successive deputies for a young woman aged 26. Senior Judge Lush acknowledged that provisions 16(4)(b) and 19(5) of the Mental Capacity Act 2005 were contradictory as s16(4)(b) envisages that a deputyship appointment will be exercised for a limited duration. […]

Wye Valley NHS Trust v Mr B [2015] EWCOP 60

Judge: Mr Justice Peter Jackson Citation: [2015] EWCOP 60 The issue for consideration in this case was whether the doctors treating Mr B, a 72 year old with a severely infected leg, had the authority to amputate his foot against his wishes in order to save his life. Without operation it was possible Mr B […]

Re NRA & Ors [2015] EWCOP 59

Welfare orders concerning deprivation of liberty. Judge: Mr Justice Charles Citation: [2015] EWCOP 59 Summary In this case, Mr Justice Charles, the Vice President of the Family Division considered that the three things that needed to be done in any welfare case were to: i. Elicit P’s wishes and feelings and make them known to […]

Re Peter Jones [2014] EWCOP 59

The importance of ‘best interests’ in statutory wills. Judge: District Judge EldergillCitation: [2014] EWCOP 59 Summary This case concerned an application, under s18(1)(i) of the Mental Capacity Act 2005 for authority to execute a statutory will on behalf of P. District Judge Eldergill heard the application and brought to the attention of the court the need […]

The Commissioner of Police for the Metropolis v ZH (by his litigation friend, GH) and (1) Liberty, (2) Equality and Human Rights Commission (Interveners) [2013] EWCA Civ 69

The practical application of the Mental Capacity Act in emergency situations. Judge:Citation: [2013] EWCA Civ 69 Summary ZH was a 16 year old boy with both autism and learning difficulties, who was standing near water at a public swimming pool fixated by it. The police failed to consult with his carer prior to proceeding to handle […]

Recent Upper Tier Tribunal Successes

Mrs TchoroleevaAppeal allowed in complicated Pension Credit case on dual nationality. Mrs NoorAppeal allowed in case concerning Disability Living Allowance mobility component as Judge erred at law. Mrs GiancroeAppeal allowed in complicated Jobseeker’s Allowance case as Judge erred at law. Mrs BegumAppeal allowed. Previous decision set aside as Judge failed to consider what work related […]

Bedroom Tax Victory – First Steps

On 20 September 2013 Robinson Wilson Solicitors assisted in securing a First Tier tribunal regarding the Housing benefit under occupancy regulations, commonly know as ‘bedroom tax’. By way of background, the local authority, in this case, Westminster made a decision in March 2013 that the appellant (assisted by Robinson Wilson Solicitors) had one additional bedroom […]