header-logo header-logo

15 March 2012
Issue: 7505 / Categories: Case law , Law digest , In Court
printer mail-detail

Mental capacity

A Local Authority v H [2012] EWHC 49 (COP), [2012] All ER (D) 34 (Mar)

In order to possess capacity to consent to sexual relations, a person clearly had to have a basic understanding of the mechanics of the physical act and clearly had to have an understanding that intercourse might lead to pregnancy. Further, capacity required some grasp of issues of sexual health.

However, the knowledge required was fairly rudimentary. It should suffice if a person understood that sexual relations might lead to significant ill-health and that those risks could be reduced by precautions. Although the moral aspect was an important component in sexual relations it could have no specific role in a test of capacity. As to the emotional component, the court could do no more than ask whether the person whose capacity was in question understood that they had a choice and that they could refuse.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll