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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Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

NEWS

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Stress at work for corporate counsel

One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)

Chancery Lane says no to LeO

The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers

Human rights concerns for patients, prisoners & immigration detainees

Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned

Licensing fast-track for conveyancing & probate professionals

Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals

Stress at work? Join the (employment tribunal claim) queue

Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace

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Court of Protection

MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Ellisons—Carla Jones

Freeths—Louise Mahon