Thu, 06 Aug 2020
Join the No5 Court of Protection team in their fourth podcast in this series.
In this episode we look as some recent judgments handed down on mental capacity.
David Gardner chairs the session. He is joined by Avril Rushe who will discuss the recent case of London Borough of Tower Hamlets v PB  EWCOP 34 and its analysis of the principle that unwise decision making does not necessarily mean that a protected party lacks mental capacity. Laura Davidson also joins the discussion and turns to the case of A Local Authority v JB  EWCA Civ 735, in which the Court of Appeal considered the proper test on capacity to consent to (or should that be capacity to engage in) sexual relations.
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