Re Al M [2020]

Key Points:

• Case Background:

◦ The case concerned the interpretation of “deliberate conduct” in legal contexts, specifically whether such conduct must be intentional to cause harm.

• Legal Decision: Sir McFarlane’s Ruling:

▪ Sir McFarlane clarified that some form of “deliberate conduct” is required, but it does not need to be with the intention of causing harm. This decision contrasts with the earlier case, C v C, which may have set a different standard.

Impact and Analysis:

• Judicial Interpretation:

◦ This ruling broadens the understanding of “deliberate conduct” by removing the necessity for intent to cause harm, focusing instead on the deliberate nature of the actions.

• Implications for Future Cases:

◦ The decision impacts how “deliberate conduct” is assessed in legal proceedings, emphasising that the nature of the conduct itself is more crucial than the intent behind it. This shift could influence future judgments on cases involving similar legal principles.