Psychiatrist Dr Todd was challenged by counsel representing Nichola on his assessment that P lacked capacity to make decisions about living and having contact with her husband, in circumstances whereby findings of coercive and controlling behaviour perpetrated by the husband against P have been made during the course of the proceedings (these findings being upheld at appeal by Poole J ).

Complex issues as to whether the diagnostic test was met were at play, P having an IQ of 79, as well at the impact (if any) of controlling and coercive behaviour on one’s consideration of the causative nexus. The judge determined P has capacity in all domains .

Nichola was represented by counsel Natalia Perrett and Emily Reed of Park Square Barristers .