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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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