For years, lawyers and clinicians have thrown around the term ‘Gillick competence’ as if it were a universal test to… Read more
Category: Capacity
Capacity in the rear view mirror – how does the presumption work?
The problem of the retrospective consideration of capacity troubled Costs Judge Whalan in Furley Page LLP v KFL [2025] EWHC… Read more
Litigation capacity – and what happens if you never had it?
Johnston v Financial Ombudsman Service [2025] EWCA Civ 551 is a case with a particularly complicated procedural history, but for present… Read more
‘Stitch,’ capacity and complexity – a masterclass in capacity determination
Cobb J is shortly to take his position on the Court of Appeal. The decision in Calderdale Metropolitan Borough Council… Read more
Capacity, insight and professional cultures – an important new decision from the Court of Protection
CT v London Borough of Lambeth & Anor [2025] EWCOP 6 (T3) is in many ways the companion piece to… Read more
Autonomy and assisted dying / suicide – an important judicial light shed from an unexpected corner
Individual decision-making and its complexities was very much in the spotlight this week in the context of the oral evidence… Read more
Litigation capacity and a very clear statement from the Court of Appeal about the ordering of the capacity test
MacPherson v Sunderland City Council [2024] EWCA Civ 1579 is another chapter in the very long-running saga concerning contempt proceedings… Read more
D/deaf individuals and capacity assessment – important observations from the Court of Protection
Ahead of more detailed coverage of the nuances of this complicated case in the February 2025 Mental Capacity Report, it… Read more
Capacity, sexual relations and public protection – another go-round before the Court of Appeal
Re ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 is a leapfrog appeal from a Tier 2… Read more
Capacity, “capability” and consent – a complication concerning surrogacy
R & Anor v A & Anor [2024] EWFC 341 is a very sad case involving surrogacy. It was an… Read more