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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

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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