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Is it within the remit of an expert to decide which witness of fact they believe or...

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The MCA’s belief requirement is wrong in law
Keith Rix 199
Case Updates

The MCA’s belief requirement is wrong in law

byKeith Rix

Commentary

This is an important case because it corrects a misunderstanding about the test for capacity. There has been an established view that the Mental Capacity Act contains a ‘belief’ requirement. That is wrong.

It is an interesting case for a number of other reasons.

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