(Court of Appeal, Sir Andrew McFarlane P, Singh, Baker LJJ, 11 June 2020)
Capacity – Consent – Vulnerable adult
The Court of Appeal allowed the local authority's appeal and set aside the judge's declaration that the respondent had capacity to consent to sexual relations.
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Neutral Citation Number: [2020] EWCA Civ 735
Case No: B4/2019/2691
The Hon Mrs Justice Roberts DBE
Case no. 13059833
Strand, London, WC2A 2LL
Date: 11 June 2020
Before :
SIR ANDREW MCFARLANE, PRESIDENT OF THE COURT OF PROTECTION
LORD JUSTICE SINGH and
LORD JUSTICE BAKER
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IN THE MATTER OF THE MENTAL CAPACITY ACT 2005
AND IN THE MATTER OF JB (CAPACITY: SEXUAL RELATIONS)
Between :
A LOCAL AUTHORITY
Appellant
- and -
JB
(by his litigation friend, the Official Solicitor)
Respondent
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Vikram Sachdeva QC (instructed by Local Authority Solicitor) for the Appellant
Parishil Patel QC and Ian Brownhill (instructed by Enable Law) for the Respondent
Hearing date: 3 March 2020
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Approved Judgment
Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties’ representatives by email, release to BAILII and publication on the Courts and Tribunals Judiciary website. The date and time for hand-down is deemed to be 10:30 on Thursday 11 June 2020.
Judgment: A Local Authority v JB [2020] EWCA Civ 735
