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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 be envisaged as “reasonably foreseeable consequences” derived not just from

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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