NLJ this week: Presumption of capacity reaffirmed

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.