Barristers
This Court of Protection update will focus on the area of capacity to consent to sexual relations, an issue not expressly covered by the Mental Capacity Act 2005. There has been an interesting flurry of decisions in this area and this article seeks to provide an overview of how the case law has developed. Most recently, the Court of Appeal in IM v LM, AB & Liverpool City Council [2014] EWCA Civ 37 has helped clarify the law, settling the pre-existing conflict between the civil and criminal jurisdictions.
To read the full update click here
Authors
Sally BradleyJulia Townend