2024 Pc v york council 2013

Pc v york council 2013

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August undefined, 2024

SpletThe test is set down in s.2(1) MCA 2005, [2] Referred to as the “core determinative provision” in PC and NC v City of York Council [2013] EWCA Civ 478 at paragraph 56. which provides that: ... The Supreme Court in A Local Authority v JB [2024] UKSC 52 has made clear that you need to start by asking with whether the person can make the ... SpletDeborah Smithies and Olivia Checa-Dover discuss the Mental Capacity Act 2005 and concerns as to how it is working in practice ‘If people are presumed to have capacity …

Case: PC & anor v City of York Council [2013] EWCA Civ 478

Splet19. dec. 2013 · Parker J applied PC & Another v City of York Council [2013] EWCA Civ 478. The test for capacity under the Mental Capacity Act 2005 is decision specific rather than … SpletPBM v TGT & anr [2024] WTLR 995 Wills & Trusts Law Reports Autumn 2024 #176. PBM sought to marry his fiancée and take charge of his property and affairs. TGT, his property … case ih 305 magnum problems

Guidance on forced marriage where a party lacks capacity (COP)

Splet27. mar. 2024 · PC v City of York Council [2013] EWCA Civ 478. (Redirected from PC v City of York Council (2013) EWCA Civ 478, (2013) MHLO 61) Marriage and cohabitation "The … Splet11. apr. 2014 · The parties agreed that PC had the capacity to marry. City of York Council, however, contended that PC lacked the capacity to resume married life; whereas PC, … Splet09. maj 2013 · The case of PC & Another v City of York Council [2013] EWCA 478 concerned a woman, PC, who was 48 years old at the time of the Court of Protection’s judgment. PC had been diagnosed as having ‘mild’ learning difficulties. Some years earlier PC had entered into a relationship with a man, NC, and began to cohabit with him. case ih 315 magnum

Evidence and causation in mental capacity assessments PC v City …

SpletAbstract. McFarlane LJ's leading judgment in PC v City of York Council consistently stresses the ‘plain’ statutory language of the Mental Capacity Act 2005. In doing so, it … SpletT1 - EVIDENCE AND CAUSATION IN MENTAL CAPACITY ASSESSMENTS PC V CITY OF YORK COUNCIL [2013] EWCA CIV 478. AU - Skowron, Paul. PY - 2014/11. Y1 - 2014/11. N2 - McFarlane LJ's leading judgment in PC v City of York Council consistently stresses the ‘plain’ statutory language of the Mental Capacity Act 2005. In doing so, it reveals how ... case ih 321SpletEvidence and causation in mental capacity assessments PC v City of York Council [2013] EWCA CIV 478. scientific article published on 11 April 2014. Statements. instance of. … case ih 315 magnum problems

"SpletPC v City of York Council [2013] EWCA Civ 478 http://www.bailii.org/ew/cases/EWCA/Civ/2013/478.html This case explores the concept of mental capacity. A Local Authority v E [2012] EWHC 1639 (COP) http://www.bailii.org/ew/cases/EWCOP/2012/1639.html A discussion of mental capacity … " - Pc v york council 2013

Pc v york council 2013

Fluctuating capacity: the concept of micro- and macro-decisions

Splet09. mar. 2016 · Finally, the court considered PC v City of York Council [2013] EWCA Civ 478 highlighting the need for a sufficient causal relationship between the mental impairment identified and the inability to make the decision in question. Decision The court had two issues to determine: Does CS lack capacity? Splet01. maj 2013 · PC & NC v City of York Council Judge Court of Appeal (Richards, McFarlane and Lewison LJJ) Citation [2013] EWCA Civ 478 Summary: In 2006 PC married NC whilst …

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Splet06. dec. 2024 · PC and Another v City of York Council: CA 1 May 2013 It had been decided that PC, a 43 year old woman, had capacity to marry, but the LA now argued that she did … Splet01. maj 2013 · In PC and NC v City of York Council [2013] EWCA Civ 478, a woman with learning difficulties wanted to live with her husband who had a previous conviction for sexual offences, and the court had ...

SpletThey protect the rights of individuals, promote dignity, autonomy and respect of the person - their beliefs, values and wishes; they promote person-centred care, and ensure that where the individual cannot make their own decision, decisions regarding care and treatment are made in the Best Interests of individuals at that time. Splet11. feb. 2024 · K County Council v. SL: F: 20: Mild learning disability: Forced marriage: Has capacity to marry and consent to sex. Proceedings withdrawn. Yes: 1: 2. ML v. (1) TL and (2) D County Council: M: 82: ... A Local Authority v. TZ [2013] EWCOP 2322; PC v. York City Council [2013] EWCA Civ 478; Derbyshire County Council v. AC [2014] EWCOP 38; The ...

Splet14. feb. 2014 · The Court of Appeal has given guidance in the important case of PC, NC v City of York Council [2013] EWCA Civ 478 on the proper test to be applied when considering the capacity of a person to make … Splet03. maj 2013 · PC and NC v City of York Council Thirty Nine Essex Street prev next United Kingdom May 3 2013 [2013] [2013] EWCA Civ 478 Summary In 2006 PC married NC whilst he was serving a...

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SpletClerks are available from 8.30am until 6.00pm. Outside of these hours our senior clerk can be contacted on 07952 070485. Sunday: Closed Get in touch [email protected] 0113 297 1200 Home About us Practice Areas Barristers Clerks Direct Access Resources Recruitment Contact Susan McKendry Susan McKendry Year Of Call Email Address … case ih 3288Splet31. jul. 2013 · In PC and NC v City of York Council [2013] EWCA Civ 478, McFarlane LJ set out the general approach to be adopted by a court assessing capacity. Having considered various submissions made to him he concluded at paragraph 35: "The determination of capacity under MCA 2005 Part I is decision specific. Some decisions, for example … case ih 3104Splet03. apr. 2014 · As Baker J noted, the difficulty with this formulation was that it did not focus on what McFarlane LJ described in PC and NC v City of York Council [2013] EWCA Civ 478 ,as the “specific factual context” arising at this stage, namely the prospect of future contact of a personal and intimate nature between TZ and an individual or individuals as yet … case ih 330SpletT1 - EVIDENCE AND CAUSATION IN MENTAL CAPACITY ASSESSMENTS PC V CITY OF YORK COUNCIL [2013] EWCA CIV 478. AU - Skowron, Paul. PY - 2014/11. Y1 - 2014/11. N2 - McFarlane LJ's leading judgment in PC v City of York Council consistently stresses the ‘plain’ statutory language of the Mental Capacity Act 2005. In doing so, it reveals how ... case ih 285Splet23. maj 2013 · The Court of Appeal has held that the test for capacity under the Mental Capacity Act 2005, being decision-specific, might involve either an act-specific or person … case ih 3220SpletAB - McFarlane LJ's leading judgment in PC v City of York Council consistently stresses the ‘plain’ statutory language of the Mental Capacity Act 2005. In doing so, it reveals how … case ih 3230SpletPC & Anor v City of York Council [2013] EWCA Civ 478 Court of Protection judgment concerning (1) whether the question of capacity is issue specific or person specific and … case ih 31