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05 September 2025
Issue: 8129 / Categories: Legal News , Court of Protection , Local authority , Mental health
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NLJ this week: Presumption of capacity reaffirmed

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The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination

In Macpherson v Sunderland City Council, Mrs Justice Theis DBE found that Ms Macpherson had capacity to conduct proceedings, despite challenging behaviour and reliance on paper-based expert evidence. The judgment underscores key principles: capacity is decision- and time-specific; strong views or uncooperative conduct do not equate to incapacity; and courts must avoid paternalistic bias.

The ruling also warns against conflating eccentricity or persistence with incapacity, advocating for proportionate case management. This decision provides a vital toolkit for practitioners navigating complex capacity assessments and reinforces the primacy of autonomy in legal proceedings.

MOVERS & SHAKERS

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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