Thursday, 13 February 2014

Sex and Secrecy

Kings Healthcare member, Adam Fullwood has recently appeared in two important cases involving the Court of Protection.

In IM-v-LM and AB & Liverpool City Council [2014] EWCA Civ 37 the Court of Appeal carried out a comprehensive review of the case law in relation to the question of capacity to consent to sex. The Court unanimously concluded that the test for determining capacity to engage in sexual relations was not "person specific" but required a much simpler issue or situation specific approach.

In RC-v-CC & X Locatl Authority [2014] EWHC 131 (COP) the President of the Court of Protection, Lord Justice Munby confirms that the test for disclosure is whether it is "strictly necessary" to deny disclosure as opposed to whether disclosure is strictly necessary. He also questioned the suggestion that disclosure could properly be made to counsel only.

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