39 Essex Chambers, 'Mental Capacity Law Newsletter' (issue 42, February 2014)
Mental capacity law newsletter "From England, undoubtedly the most important decision is that of the Court of Appeal in IM v LM, AB and Liverpool City Council, providing the first answer at appellate level to the very vexed question of whether capacity to consent to sexual relations is person- or act-specific. The decision in RC v CC is of considerable significance for its authoritative discussion of the principles governing non-disclosure in the Court of Protection. The decision in Re UF, trailed last month, provides important guidance as to the circumstances under which it is appropriate for a family member to act as litigation friend for P, along with recording significant concessions from the Ministry of Justice as to public funding in cases under s.21A MCA 2005. We also cover cases on the scope of s7 MCA 2005 (‘necessaries’), ‘enforced’ Caesarean sections, DNACPR notices, important guidance from the President upon the publication of judgments, and the CQC’s most recent report upon the operation of the DOLS safeguards."