The WLR Daily case summaries
[2013] WLR (D) 176
MENTAL DISORDER— Decision to cohabit— Capacity — Wife with significant learning disabilities marrying husband serving prison sentence for serious sexual offences— — Husband released on licence assumed to pose risk to wife if cohabiting— — Whether wife having capacity to decide to cohabit— — Judge ruling wife lacking capacity to decide but welfare best served by resuming cohabitation within approved scheme of monitoring or support — — Whether judge applied correct test for capacity — — Whether test for capacity person specific or act specific— — Mental Capacity Act 2005 ( c 9) ss1-3