“Capacity to marry”
Sandwell MBC and RG, GG and SK and SKG 2013 and whether an arranged marriage where the individual had no capacity should endure or be dismantled http://www.bailii.org/ew/cases/EWHC/COP/2013/2373.html...
View ArticleCapacity and Vasectomy
The decision in Re DE 2013 , and issues arising from this http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/de-judgment-16082013.pdf I will start by saying that this is obviously a...
View ArticleCapacity to consent to sexual intercourse
Another useful case on this issue from Baker J sitting in the Court of Protection. A Local Authority v TZ 2013 http://www.bailii.org/ew/cases/EWHC/COP/2013/2322.html There are a few unusual features...
View ArticleLet’s find you a nice young man
The law on capacity and sexuality is developing swiftly at the moment, and throwing up some really difficult decisions. In A Local Authority v TZ (no 2) 2014, the Court of Protection went on from its...
View ArticleCapacity to consent to sex – do you want a Hanc or a Hunc?
Mostyn J has just given a ruling in the Court of Protection – London Borough of Tower Hamlets and TB 2014 http://www.bailii.org/ew/cases/EWCOP/2014/53.html Within this case, Mostyn does two...
View ArticleRisk-taking and the Court of Protection
I’m always interested in Court of Protection cases that drill down into the key principles of autonomy v safeguarding – the dilemma between whether someone should be free to make decisions that an...
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