The Supreme Court has for the first time looked in detail at what it means to have or lack capacity to make a decision, and … Read More ›
Tag: Sexual relations
In The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527, the Court of Appeal has overturned the decision … Read More ›
When and how does the concept of fluctuating capacity apply in the context of sexual relations? This was the question confronting Knowles J in Re … Read More ›
In A Local Authority v C & Ors [2021] EWCOP 25, Hayden J had to consider the situation of C, a man with capacity to engage … Read More ›
In HD (Capacity to Engage in Sexual Relations) [2021] EWCOP 15, Cobb J has grappled with the impact of the Court of Appeal’s decision in … Read More ›
The Court of Appeal in A Local Authority v JB [2020] EWCA Civ 735 has made clear that we have been asking the wrong question … Read More ›
In LB Tower Hamlets v NB & AU [2019] EWCOP 27, Hayden J has made further observations about the test for capacity to consent to … Read More ›
In B v A Local Authority [2019] EWCA Civ 913, the Court of Appeal has made both general and specific observations about the assessment of … Read More ›
The judgment in Re NB [2019] EWCOP 17 has just appeared on Bailli of a hearing on 7 May 2019 at which Hayden J considered … Read More ›
The reported remarks of Hayden J at a directions hearing about the husband’s “right” to have sex with his wife have caused real controversy. Not … Read More ›