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23 February 2018 / Giles Eyre , Linda Monaci
Issue: 7782 / Categories: Features , Expert Witness , Profession
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On the borderline

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Giles Eyre & Dr Linda Monaci discuss vulnerable individuals & the Mental Capacity Act 2005

The issue of the mental capacity of a claimant during or at the conclusion of injury litigation may arise from a condition pre-dating and independent of the accident or event that is the subject of the claim, or the condition may be the result of the accident or event; or, as in this paper, a combination of both.

Section 2 of the Mental Capacity Act 2005 (MCA 2005) provides that ‘a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.’ The burden of proving lack of capacity is on the person asserting such lack. Section 1 of MCA 2005 provides that ‘(3) A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have

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Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

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International arbitration team strengthened by double partner hire

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Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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