10 September 2024 Keith Rix 89 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. To continue reading you must be an EWI member, become a member and access exclusive content. Already a member? Login More links Link to the Judgment Share Print Tags Mental Capacity Act Related articles Cheshire and Wirral Partnership NHS Foundation Trust v JMC [2023] EWCOP 14 Comments are only visible to subscribers.