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31 January 2014
Issue: 7592 / Categories: Case law , Law digest , In Court
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Mental health

IM v LM and others [2014] EWCA Civ 37, [2014] All ER (D) 150 (Jan)

Every single issue of capacity which fell to be determined under Pt 1 of the Mental Capacity Act 2005 had to be evaluated by applying s 3(1) of the Act in full and considering each of the four elements of the decision-making process that were set out. The extent to which, on the facts of any individual case, there was a need either for a sophisticated or for a more straightforward evaluation of any of those elements would naturally vary from case to case and from topic to topic. The approach taken in the line of first instance decisions regarding the test for capacity to consent to sexual relationships as being general and issue-specific, rather than person or event-specific represented the correct approach within the terms of the Act. However, that approach was not, in truth, at odds with the appellate court’s observations, which had been made in a different legal context. The requirement for a practical limit on what needed to

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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