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19 July 2007 / B Mahendra
Issue: 7282 / Categories: Features
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Doc brief

Capacity for drink >>
Processed information >>
Man behaving badly >>
A doctor’s goodwill >>

Capacity for drink

As we have had ample occasion to note, alcohol plays a wide ranging role in human behaviour and affairs: there is an effect of disinhibition, a social lubricant easing pleasurable exchanges between individuals, but there could be unconsciousness and even death due to alcohol poisoning. In the range between, there may be varying levels of loss of capacity which depend not merely on the amount of alcohol consumed but on such factors as the age, sex and experience in alcohol of the consumer and even the circumstances in which the substance is being ingested.

These matters have come to the fore recently in the debate on the ability a woman has to consent to sexual intercourse, when apparently lacking capacity to do so as a result of excessive intake. The public debate at times appeared almost to suggest that in some quarters it was being mooted that the ability to consent or refuse should be linked to the amount of alcohol consumed by the woman, rather than on

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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