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Court of Protection

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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. 
Barrister Dr Laura Davidson explored the murky legal world of covert medication and the lack of legal safeguards surrounding these, in the second part of her series on Court of Protection practices, in this week’s NLJ.
Is it time for the shadowy practice of covert medication to be brought into the light? Dr Laura Davidson thinks so
Closed proceedings and covert medication? A recent case has created alarm. Is the Court of Protection too secretive? Are sufficient safeguards in place? In the first of a two-part series in NLJ, Dr Laura Davidson, of No5 Chambers, looks into a recent case concerning a vulnerable 20-year-old.
Closed proceedings & covert medication. In the first of a two-part series, Dr Laura Davidson asks if the Court of Protection has retreated to the realm of secrecy
The Court of Protection (CoP) has issued guidance on meetings between a judge and protected parties during proceedings
Lawyers have given a cautious welcome to Ministry of Justice proposals to digitalise lasting powers of attorney (LPAs)
Ministers are consulting on plans to overhaul the lasting power of attorney (LPA) process, shifting to a mainly digital service and introducing more safeguards against fraud and abuse
Tom Hall provides a practical guide to capacity & the appointment of attorneys & deputies
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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