Contracting Capacity in UK Law

Leading Cases
  • Blankley v Central Manchester and Manchester Children's University Hospitals NHS Trust
    • Queen's Bench Division
    • 07 Abr 2014

    For the defendant, Mr Smith accepted that, whilst a client's loss of mental capacity has the legal effect of terminating the existing authority of his solicitor, such loss of capacity does not, in itself, have the legal effect of terminating the underlying contract of retainer.

  • PC (by her litigation friend the Official Solicitor) [1] and Another v City of York Council
    • Court of Appeal
    • 01 May 2013

    The determination of capacity under MCA 2005, Part 1 is decision specific. Some other decisions, for example whether P should have contact with a particular individual, may be person specific. But all decisions, whatever their nature, fall to be evaluated within the straightforward and clear structure of MCA 2005, ss 1 to 3 which requires the court to have regard to 'a matter' requiring 'a decision'. There is neither need nor justification for the plain words of the statute to be embellished.

  • LBX v K and Others
    • Family Division
    • 19 Jun 2013

    So I agree with the first one, who they are and in broad terms the nature of his relationship with them; secondly, what sort of contact he could have with each of them, including different locations, differing durations and differing arrangements regarding the presence of a support worker; and, thirdly, the positive and negative aspects of having contact with each person. This will necessarily and inevitably be influenced by L's evaluations.

  • Re A (Capacity: Social Media and Internet Use: Best Interests)
    • Court of Protection
    • 21 Feb 2019

    The next question which arises is what is the ‘relevant information’ under section 3(1)(a) MCA 2005 on which the issue should be assessed? Although counsel in this case prepared an ‘agreed’ formula, I have had the benefit of wider argument on the issue in the two cases.

  • B (by her litigation friend, the Official Solicitor) v A Local Authority
    • Court of Appeal
    • 11 Jun 2019

    On the one hand, there is a recognition of the right of every individual to dignity and self-determination and, on the other hand, there is a need to protect individuals and safeguard their interests where their individual qualities or situation place them in a particularly vulnerable situation: comp.

  • London Borough of Tower Hamlets v NB
    • Court of Protection
    • 07 May 2019

    Unfortunately, the case attracted a great deal of media coverage, this notwithstanding that no argument had been heard and no Judgment delivered. A great deal of the comment was sententious and, in some instances, irresponsible. It is considered, by the Official Solicitor and the applicant Local Authority, that the impact of that publicity frightened AU very considerably, leading him to believe that he was likely to be sent to prison.

  • R (Cornwall Council) v Secretary of State for Health
    • Court of Appeal
    • 19 Feb 2014

    Looking at the facts as at Philip's eighteenth birthday, there was in my judgment only one conclusion properly open to the Secretary of State. It could not be Wiltshire, because he ceased to have any connection with it at all. At that stage he had never lived in Somerset and had no connection with it. And for reasons I have given, the mere fact that his parents' place of ordinary residence was in Cornwall could not justify finding that to be Philip's place of ordinary residence.

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