header-logo header-logo

17 September 2020
Issue: 7902 / Categories: Legal News , Mental health
printer mail-detail

NLJ this week: Consenting adults?

The complex and sensitive law on capacity to have sexual relations, is examined in NLJ this week by barrister Laura Davidson, No5 Chambers

Davidson looks at the recent case of A Local Authority v JB [2020] EWCA Civ 735, which concerned a man with difficulties in social interactions due to his Asperger’s Syndrome. He had a tendency to send inappropriate and sexually explicit and/or harassing messages to women and, due to a high risk he would commit a sexual assault, he received 1:1 supervision outside his supported living placement. He had been assessed by a clinical psychologist as unable to understand the concept of consent. However, the Court of Protection held that he did have capacity for sexual relations.    

Davidson covers the case, the appeal and the courts' reasoning throughout, and concludes with a three-page table summarising the key points of all the cases mentioned in the judgment.

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
back-to-top-scroll