Book contents
- Rix’s Expert Psychiatric Evidence
- Reviews
- Rix’s Expert Psychiatric Evidence
- Copyright page
- Contents
- Online Appendices – See Inside Cover for Access
- Contributors
- Foreword to the Second Edition
- Foreword to the First Edition
- Acknowledgements and Preface to the Second Edition
- Acknowledgements and Preface to the First Edition
- Table of Cases
- Table of Statutes and Directives
- Table of Statutory Instruments and Regulations
- Table of Practice Directions
- Table of Codes of Conduct, Guidance, Conventions and Protocols
- Abbreviations
- Chapter 1 The Expert Medical Witness
- Chapter 2 Courts, Laws and Procedures
- Chapter 3 Training, Development and the Maintenance of Expertise
- Chapter 4 Business Matters
- Chapter 5 The Medicolegal Consultation
- Chapter 6 The Report, Amendments, Answers to Questions, Experts’ Meetings and Conferences
- Chapter 7 Reports for Criminal Proceedings and in Prison Cases
- Chapter 8 Reports in Personal Injury Cases
- Chapter 9 Reports for Family Proceedings Relating to Children
- Chapter 10 Reports in Cases Involving Capacity Issues
- Chapter 11 Reports for the First-tier Tribunal (Health, Education and Social Care Chamber) Mental Health
- Chapter 12 Reports in Immigration and Asylum Cases
- Chapter 13 Reports in Employment, Disability Discrimination and Pension Cases
- Chapter 14 Reports for Fitness to Practise, Conduct and Performance Proceedings
- Chapter 15 Reports for Coroners Courts and Fatal Accident Inquiries
- Chapter 16 How to Read an Expert Medical Report
- Chapter 17 Going to Court
- Book part
- References
- Index
- Miscellaneous Endmatter
- References
Chapter 10 - Reports in Cases Involving Capacity Issues
Published online by Cambridge University Press: 22 January 2021
- Rix’s Expert Psychiatric Evidence
- Reviews
- Rix’s Expert Psychiatric Evidence
- Copyright page
- Contents
- Online Appendices – See Inside Cover for Access
- Contributors
- Foreword to the Second Edition
- Foreword to the First Edition
- Acknowledgements and Preface to the Second Edition
- Acknowledgements and Preface to the First Edition
- Table of Cases
- Table of Statutes and Directives
- Table of Statutory Instruments and Regulations
- Table of Practice Directions
- Table of Codes of Conduct, Guidance, Conventions and Protocols
- Abbreviations
- Chapter 1 The Expert Medical Witness
- Chapter 2 Courts, Laws and Procedures
- Chapter 3 Training, Development and the Maintenance of Expertise
- Chapter 4 Business Matters
- Chapter 5 The Medicolegal Consultation
- Chapter 6 The Report, Amendments, Answers to Questions, Experts’ Meetings and Conferences
- Chapter 7 Reports for Criminal Proceedings and in Prison Cases
- Chapter 8 Reports in Personal Injury Cases
- Chapter 9 Reports for Family Proceedings Relating to Children
- Chapter 10 Reports in Cases Involving Capacity Issues
- Chapter 11 Reports for the First-tier Tribunal (Health, Education and Social Care Chamber) Mental Health
- Chapter 12 Reports in Immigration and Asylum Cases
- Chapter 13 Reports in Employment, Disability Discrimination and Pension Cases
- Chapter 14 Reports for Fitness to Practise, Conduct and Performance Proceedings
- Chapter 15 Reports for Coroners Courts and Fatal Accident Inquiries
- Chapter 16 How to Read an Expert Medical Report
- Chapter 17 Going to Court
- Book part
- References
- Index
- Miscellaneous Endmatter
- References
Summary
Since 2000, several jurisdictions have codified a considerable amount of case law relating to capacity, but interpretation of the statutory law is informed by the earlier case law and with which you should be familiar. In short, ‘it is a general rule of English law, whatever the context that the test for capacity is the ability to understand the nature and quality of the transaction’ (Sheffield City Council v. E [2004] EWHC 2808 (Fam)). Common law, as to such matters as testamentary and capacity to marry, has not been affected. In James v. James [2018] EWHC 43 (Ch), it was held that the test for judging capacity retrospectively in relation to a will already made did not fall within the scope of the MCA.
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- Rix's Expert Psychiatric Evidence , pp. 225 - 246Publisher: Cambridge University PressPrint publication year: 2020