Court of Protection

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The government will consult in the first half of next year on proposed liberty protection safeguards for people lacking mental capacity

The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination

Sam Karim KC & Sophie Hurst on why the Court of Protection has reaffirmed that capacity must be presumed unless clearly rebutted

The Law Commission has proposed increased protection against undue influence, an end to the ‘automatic revocation’ rule and the introduction of electronic wills

Christmas has come early for litigators & it’s all about the money! Dominic Regan shows he’s no turkey as he shares a feast of legal gems in this month’s exposé

Lies cost, as The insider, aka Professor Dominic Regan, reports in this week’s column

Court of Protection and trust lawyers who assist in personal injury and clinical negligence cases will be impacted by proposed amendments to the Civil Procedure Rules.

How do the latest amendments to the Civil Procedure Rules impact on children & protected parties? Gareth Williams explains

The Ministry of Justice (MoJ) has published the government’s response to the consultation, ‘Mental Capacity Small Payments Scheme’, which ran from 16 November 2021 to 12 January 2022.

The Courts and Tribunals Judiciary has provided practice guidance for Court of Protection closed hearings and closed material.

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MOVERS & SHAKERS

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Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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Legal notice: Notice under the Trustee Act 1925

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925

Emergency lawyers on call as international regulatory actions soar

Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies

NLJ this week: Employment law’s fine margins

From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act

NLJ this week: Promises broken on non-molestation orders?

Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection

NLJ this week: Assisted dying under the legal microscope

Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961

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Court of Protection

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Sherrards—Jan Kunstyr

Muckle LLP—Stacey Brown