header-logo header-logo

17 May 2013
Issue: 7560 / Categories: Case law , Law digest , In Court
printer mail-detail

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

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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
back-to-top-scroll