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17 May 2013
Issue: 7560 / Categories: Case law , Law digest , In Court
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Mental health

PC (by her litigation friend the Official Solicitor) and another v A Local Authority [2013] EWCA Civ 478, [2013] All ER (D) 71 (May)
 

The determination of capacity under the Mental Capacity Act 2005 was decision specific. Some decisions, for example agreeing to marry or consenting to divorce, were status or act specific. Some other decisions, for example whether an individual should have contact with a particular individual, might be person specific. However, all decisions, whatever their nature, fell to be evaluated within the straightforward and clear structure of the Act, which, by ss 1–3 required the court to have regard to “a matter” requiring “a decision”. There was neither need nor justification for the plain words of the Act to be embellished. Further, the Act itself made a distinction between some decisions, set out in s 27, which as a category were exempt from the court’s welfare jurisdiction once the relevant incapacity was established, and other decisions, set out in s 17 of the Act, which were intended to relate to a “specified person” or

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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