LBX v K, L and M [2013] EWHC 3230 (Fam)

Capacity "The preliminary issue, therefore, that I have to determine is whether there is an evidential foundation that L is more likely than not to have the potential to achieve mental capacity to make decisions regarding residence and contact, and some specific care related decisions. ... Having considered all the evidence and the submissions that have been made, I have reached the conclusion that there does need to be a further assessment as to L’s capacity."

Thanks

Thanks to Alex Ruck Keene (39 Essex Chambers) for providing the judgment.

Essex

Essex newsletter 49.pdf
This case has been summarised on page 15 of 39 Essex Chambers, 'Mental Capacity Law Newsletter' (issue 49, August 2014).

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