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Michael Walsh represents Local Authority in important capacity to consent to sexual relations case

21st May 2019

Michael recently represented the Local Authority in a sensitive and important case, where the Article 8 rights of a long-married couple (where it was doubted that the wife had capacity), raises inevitable tension between the Mental Capacity Act 2005, the ECHR, criminal law, and Local Authority safeguarding obligations.  The case being heard by the Honourable Mr Justice Hayden has already resulted in significant media interest.

At the heart of the case, is whether the test for capacity to consent to sexual relations is subject to an issue-specific or person-specific test; which may significantly impact future Court of Protection cases on that issue.  An interim ex tempore judgment was provided, pending the Judge’s further detailed review of the case law, following which the full judgment will be delivered.

Michael represents and advises all parties in Court of Protection matters, has an extensive Clinical Negligence and Inquests and Inquiries practice, and also sits as an Assistant Coroner in West London Coroner’s Court, where he hears a full range of Article 2 jury Inquests.

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