Should a 25% likelihood of incapacity suffice to make interi

Should a 25% likelihood of incapacity suffice to make interim orders under s 48(a) MCA 2005?

In the case of A Local Authority v LD and RD [2023] EWHC 1258 (Fam), Mr Justice Mostyn held that 25% is the requisite degree of likelihood to satisfy a court 'there is reason to believe that P lacks capacity' for the purpose of an interim order pursuant to s 48(a) Mental Capacity Act 2005.

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Rose Harvey Sullivan , Olivia Bennett , Justice Mostyn , Pa Local Authority , Local Authority , Mental Capacity Act , Family Law ,

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