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Doc brief

06 November 2008
Issue: 7344 / Categories: Features , Public , Mental health
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B Mahendra explores issues of responsibility, risk and capacity

The advent of the Mental Capacity Act 2005 (MCA 2005) means professionals of all kinds—not simply lawyers—are now conscious of the importance of bearing in mind issues of capacity whenever dealing with clients and patients, and making arrangements to determine the same if there is any doubt. Capacity, to put it at its simplest, concerns an understanding of the relevant issues and being able to come to a proper decision on the relevant matters.

The decision made needs only to be valid and it does not matter if it is eccentric, bizarre or capricious. An important issue that can arise is not capacity per se but the possible interaction between capacity and undue influence.

This phenomenon may not arise when it comes to dealing with professionals such as a lawyer in relation to litigation or a doctor when it comes to decision making in relation to whether to accept or refuse medical treatment, but assumes importance where transactions such as disposal of estates and property, where decision

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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