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PRACTICE NOTES
Solicitors are not expected to be able to make a clinical diagnosis of a person's mental state but there are a number of tests and assessments that they need to understand. Knowing a little of the clinical tests can assist in everyday situations. In considering assessments and tests in respect of those who may not have capacity there are two essential sources of information: • the Mental Capacity Act 2005 (MCA 2005) • the Mental Capacity Act 2005 Code of Practice (the Code) When to assess A person's capacity should be assessed whenever it is in doubt. The Code assists in indicating non-exhaustive instances where concern as to capacity may be expressed, such as where: • the person’s behaviour or circumstances cause doubt as to whether they have capacity to make a decision • somebody else says they are concerned about the person’s capacity • the person has previously been diagnosed with an impairment or disturbance that affects the way their mind or brain works and it has already been shown they lack capacity to make
GLOSSARY
Mental competence describes a person’s ability to understand, retain and use information to make decisions, and to communicate those decisions, at the time they need to be made. It is central to assessing capacity to consent to medical treatment, make a will, enter contracts, conduct litigation and manage property and affairs. In England and Wales, the concept is largely reflected in the Mental Capacity Act 2005, which sets out a decision-specific, time-specific test of capacity. Northern Ireland has similar principles in the Mental Capacity Act (Northern Ireland) 2016. In Ireland, the Assisted Decision-Making (Capacity) Act 2015 adopts a functional approach to capacity. In Scotland, mental capacity is governed primarily by the Adults with Incapacity (Scotland) Act 2000. “Mental competence” itself is often used as a descriptive, non-technical term rather than a defined statutory expression, but it overlaps with “mental capacity” and “capacity to make decisions” in legislation and case law. For legal practitioners, determining mental competence typically involves medical and sometimes psychiatric evidence, is decision- and context-specific, and has significant consequences for the validity of transactions, informed consent, advance decisions and the appointment or exercise of powers by attorneys, deputies or guardians.
GLOSSARY
A psychological or psychiatric injury or illness.
NEWS
Local government analysis: Kate Luscombe, partner at Abbotstone Law, explains the decision in JD v West London Mental Health NHS Trust and balancing the ‘super-seclusion’ of ‘dangerous’ inmates who lack capacity with Articles 5 and 8 of the European Convention on Human Rights (ECHR).
GLOSSARY
In legal practice, mental suffering describes non-physical harm such as anguish, distress, anxiety or psychological pain experienced by a claimant or victim. It is a descriptive expression used across civil, criminal and public law; specific legal consequences depend on the cause of action and jurisdiction.Across England & Wales, Scotland, Northern Ireland and Ireland, mental suffering is generally actionable in negligence/delict only where it amounts to a recognised psychiatric injury (sometimes called nervous shock), typically evidenced by medical diagnosis (for example PTSD or major depressive disorder). Mere grief, sorrow or upset is usually not sufficient, save where legislation provides otherwise.Key contexts include:- Personal injury: damages for pain, suffering and loss of amenity may include mental suffering where a psychiatric injury is proved.- Harassment: statutes permit damages for anxiety/distress without financial loss.- Discrimination and equalities: tribunals award injury to feelings (distinct from psychiatric injury), guided by banded awards in Great Britain and analogous approaches in Northern Ireland and Ireland.- Data protection: UK GDPR/DPA 2018 and the GDPR allow compensation for non-material damage, including distress, subject to proof.- Public/Convention law: inhuman or degrading treatment may encompass serious mental suffering.Practically, plead the correct cause of action and head of loss, and obtain cogent medical and factual evidence to distinguish psychiatric injury from distress-based remedies. Usage is broadly consistent across the UK and Ireland.
GLOSSARY
A non-incorporated joint venture between Hitachi Nuclear Energy Europe Limited, Bechtel Management Company Limited and JGC New Energy Limited contracted with Horizon for the delivery of a range of services including a significant proportion of on-site construction activities.
GLOSSARY
An inventor has the right to be mentioned as such in the patent.
PRACTICE NOTES
Learning from more experienced colleagues is one of the best ways to develop skills and careers. Mentors can help you make sense of complex issues that you are likely to face as your career develops and being a mentor can help you develop leadership and people skills. Mentoring is also a great way to combine personal development and knowledge management. With mentoring you can manage and share the existing knowledge within the organisation in a cost-effective and mutually beneficially manner. With external mentoring schemes, you can share knowledge and gain new ideas and perspectives from different industries. When beginning a mentoring relationship it is important to consider the structure of mentoring, from the overall mentoring cycle to the structure of an individual mentoring session. This Practice Note provides guidance on: • what mentoring is • the benefits of mentoring for mentors, mentees and organisations • the mentoring cycle • who does what • the structure of mentoring meetings • accommodating different learning styles What is mentoring? The word ‘mentor’ comes from Greek methodology and
PRACTICE NOTES
Learning from more experienced colleagues is one of the best ways to develop skills and careers. Mentors can help you make sense of complex issues that you are likely to face as your career develops and being a mentor can help you develop leadership and people skills. This Practice Note is designed to help and support those involved in the mentoring process, be that as a mentor or mentee, and will provide practical and pragmatic tips for success. When you embark on a mentoring relationship, it is important that you set appropriate goals to avoid sessions turning into 'tea and sympathy' sessions. Goals can be long or short term and can flex and change along the way as the sessions evolve. This Practice Note provides guidance on: • setting long- and short-term goals • the four Ps of goal setting • identifying (and celebrating) milestones along the way • knowing what to do at the end of the mentoring relationship For background guidance on what mentoring is and how it can benefit
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 17 January 2019; it is no longer maintained. See further: timeline. Case facts Outline UK merger investigation into the completed acquisition by Menzies Aviation (UK) Limited of part of the business of Airline Services Limited. The transaction involves horizontal overlaps in markets for de-icing services and ground handling services at a number of UK airports. Latest developments On 17 January 2019, the CMA issued its final report, clearing the transaction unconditionally after an in-depth phase 2 investigation. Parties Menzies Aviation (UK) Limited (Menzies Aviation) is a UK-based provider of landside and airside services to airports and airlines. Menzies Aviation is a subsidiary of John Menzies plc. Airline Services Limited is a UK-based company offering aircraft presentation and cabin interior support services to the airline industry. The acquired business includes the de-icing, aircraft presentation and ground handling business under the name ‘Airline Services’ in the UK (the Airline Services Business). Market(s) Support services to airlines and airports.
NEWS
Law360, London: Mercedes-Benz will be the only automaker to face a damages trial in London in November 2026 over claims that it used unlawful emissions-cheating software, after a judge ruled on 24 July 2026 that its case should proceed separately from the related proceedings against four other major carmakers.
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 27 March 2013; it is no longer maintained. See further, timeline and related cases. Case facts Outline OFT Article 101 TFEU/Chapter I investigation into restrictive practices between Mercedes dealerships with Mercedes-Benz in some cases acting as the facilitator (case number CE/9161—09). The OFT issued its infringement decision and imposed fines totalling £2.8m on 27/03/2013. Latest developments On 27 March 2013, the OFT issued its infringement decision and imposed total