The Court considered the capacity of the patient to consent to sexual relations.
Held: The criteria by which capacity is evaluated on any particular issue should not be confined within artificial or conceptual silos but applied in a way which is sensitive to the particular circumstances of the case and the individual involved.
Judges:
Mr Justice Hayden
Citations:
[2019] EWCOP 27
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – London Borough of Tower Hamlets v PB CoP 3-Jul-2020
Whether PB had capacity to litigate.
Held: Hayden J gave guidance as to the general approach to be taken by the court when determining an issue of capacity: ‘i. The obligation of this Court to protect P is not confined to physical, emotional . .
Cited – AMDC v AG and Another CoP 18-Nov-2020
Guidance for Expert Witnesses on Capacity
The court was asked as to the preparation and use of expert reports as to the capacity of a patient litigant.
Held: Poole J discussed what was need of expert witness in such cases: ‘it will benefit the court if the expert bears in mind the . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 27 April 2022; Ref: scu.642844