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NLJ this week: Consenting adults?

17 September 2020
Issue: 7902 / Categories: Legal News , Mental health
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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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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