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Re AH [2021] EWCA  1768, 25.11.2021
Introduction

  • The four adult children of AH appealed the order made on 3 September 2021 by Hayden J sitting in the Court of Protection[1], in which he declared that it was not in AH’s best interests for her to continue to receive life-sustaining treatment, namely, ventilatory treatment
  • Mental capacity to consent to sexual relations is a topic which has plagued the Court of Protection for over a decade. Whether capacity is “person-specific”, “issue-specific”, “status-specific”, or “act-specific”, the case law has been difficult to penetrate at best.
    The recent Court of Appeal case of Re JB (Capacity: Sexual Relations) [2020] EWCA Civ 735

    Testamentary capacity and Lord Templeman’s will
    Introduction
    On 19 March 2020, Mr Justice Fancourt handed down judgment in the matter of Re Baron Templeman of White Lackington (Deceased) [2020] EWHC 632 (Ch). The case concerned the validity of the last will of Lord Templeman, who sat in the House of Lords from 1982 to 1994.