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22 April 2020 / Stephen Gold
Issue: 7883 / Categories: Features , Procedure & practice , Civil way , Covid-19
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Civil way/COVID-19: 24 April 2020

COVID-19

 

In isolated care Hayden J sitting in the Court of Protection on Skype in BP and S County Council and another [2020] EWCOP 17 tackled the almost insoluble problem posed by an 89-year-old, resident in a care home, suffering from Alzheimer’s disease and cut off from his family on account of the home’s decision to suspend visits because of the pandemic. The home had adopted a similar stance in relation to its other residents. The suspension was activated at 5pm on 20 March 2020 and here was the judge searching for a solution as emergency business five days later. The resident’s daughter as her father’s litigation friend—she was ‘balanced and even-handed, said the judge, and so not disqualified from that role—sought to have him released into her 24 hour per day single handed care if visits were not reinstated. The judge had no doubt that the father derived enormous benefit from contact with his family and also from friends and that this contributed very significantly to his general sense of well-being.

The judge ruled that the father

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Jurit LLP—Caroline Williams

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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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