‘The judge made an error of law in regarding the absence of belief…’ in a diagnosis or prognosis ‘…as determinative of the functional test…’ in s.3(1) MCA 2005, ‘…an error made through no fault of her own given that she was applying the test as set out by Munby J in Re MM [2007] EWHC 2003 (Fam), and ‘…fell into further error in rejecting the unanimous expert evidence as to capacity’: https://caselaw.nationalarchives.gov.uk/ewca/civ/2024/896
Charles Cooper | Barrister 