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18 February 2021
Issue: 7921 / Categories: Case law , In Court , Law digest
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Law digests: 19 February 2021

Court of Protection

Re TA (recording of hearings; communication with court office) A local authority v TA and others [2021] EWCOP 3, [2021] All ER (D) 91 (Jan)

In proceedings concerning an elderly woman with a diagnosis of Alzheimer’s dementia (GA), for whom the local authority was responsible, and who was currently cared for at home by her adult son (TA), the Court of Protection made an ‘exceptional’ order, namely an injunction, to restrain TA from communicating with the court office by email and telephone. Further, in circumstances where TA had allegedly referred to himself as a ‘Wikileaks Wannabe’, and where (in the context of remote hearings due to the COVID-19 pandemic) he contended that he was ‘outside the jurisdiction of the court’ and could record conversations as he wished while in ‘his jurisdiction’ (his home), the court indicated that it would not accede to his application for permission to record the court hearings, concerning GA. It considered that there would be a ‘publication’ of any recorded information from the proceedings, and that to do so without authorisation would be a civil contempt,

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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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