IM v (1) LM (2) AB) & Liverpool City Council  EWCA Civ37
The Court of Appeal carried out a comprehensive review of the case law in this area and unanimously concluded that the test for determining capacity to engage in sexual relations was not "person specific" buy required a much simpler issue or situation specific approach.
Read the full case summary here: http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2014/37.html&query=im&method=boolean
Winckworth Sherwood in conversation with Kings Chambers
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