People with intellectual disability may be subject to unfitness to plead proceedings in court due to the nature of their disability. In addition, people withintellectual disability in England and Wales are also subject to legislation such as the Mental Capacity Act 2005 and the Mental Health Act 1983 (as amended in 2007). This chapter explores issues with current fitness to practise proceedings for people with intellectual disability in relation to the Mental Capacity Act and the Mental Health Act, including the use of Sections 35 and 36.

This chapter analyzes the development of the mortgage among the new market practices, and new financial instruments, that were critical to the growth of the “empire of credit” stretching across the eighteenth-century Atlantic. The mortgage was an especially important part of this new credit economy because it lay at the nexus between landed and commercial wealth, and played a generative role in financing improvement and diversification. It is not surprising, then, that mortgage law, as a critical component of finance and credit relations, saw real development in this same period. This essay compares and connects the work of brokers, lawyers, and judges who constructed and evaluated mortgage deals, and examines the transmission and testing of the doctrine of the equity of redemption. Particular attention is paid to challenges to the operation of mortgage doctrine in Ireland, and other parts of the British empire, and what these signify for the broader history of legal and economic development in the eighteenth century.