BETTER ADVICE FOR PARTY WITH LOW MENTAL CAPACITY NEEDED

摘要

The High Court has considered the correct test to be applied to assess a person's mental capacity to enter into a transaction. The case, Fehily v Atkinson [2016] EWHC 3069 (Ch), arose when Mrs Fehily, along with her husband and two former business partners, entered into individual voluntary arrangements (IVAs) to discharge a debt for unpaid tax due to HMRC.