Court of Protection

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Safety fears do not automatically justify shutting an interested person out of a statutory will application

Catherine Frost considers natural justice, safety, & secrecy in statutory will applications

The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent

With Cheshire West overturned, Laura Davidson considers whether a more flexible approach to deprivation of liberty comes at the cost of vital safeguards

Matthew Vernon reflects on the importance of taking an individual’s wishes into account when determining deprivation of liberty

Imogen Mellor examines why the Court of Protection has resisted extending person-specific capacity assessments to marriage

The Court of Protection has reaffirmed that capacity to marry remains a status-based question rather than one focused on a particular spouse

Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation

Ann Stanyer considers whether the law offers sufficient protection for family contact in care settings

Mental health charities have reacted with alarm after Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, was overturned by the Supreme Court

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MOVERS & SHAKERS

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Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS

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Pro Bono Week marks silver jubilee

The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK

NLJ this week: Pro bono’s silver lining

Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice

NLJ this week: Wrong expert, costly exit

Choosing the wrong expert can cost a clinical negligence claimant more than their case

NLJ this week: Time for judges to break their silence?

Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues

NLJ this week: Discounted damages, different costs

A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims

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Court of Protection

MOVERS & SHAKERS

Anthony Collins—20 promotions

Sidley—Elaine Whiteford

Charles Russell Speechlys—Claudina D’Costa