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23 February 2018 / Giles Eyre , Linda Monaci
Issue: 7782 / Categories: Features , Expert Witness , Profession
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On the borderline

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Giles Eyre & Dr Linda Monaci discuss vulnerable individuals & the Mental Capacity Act 2005

The issue of the mental capacity of a claimant during or at the conclusion of injury litigation may arise from a condition pre-dating and independent of the accident or event that is the subject of the claim, or the condition may be the result of the accident or event; or, as in this paper, a combination of both.

Section 2 of the Mental Capacity Act 2005 (MCA 2005) provides that ‘a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.’ The burden of proving lack of capacity is on the person asserting such lack. Section 1 of MCA 2005 provides that ‘(3) A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success (4) A person is not to

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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