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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
Judges have lifted an interim injunction on asylum seekers being housed at the Bell Hotel, Epping, and held the Home Office and hotel owners can intervene in the case
Jasveer Randhawa explores some of the recent themes to emerge in English public law
Writing in NLJ this week, Dr Chris Pamplin, editor of the UK Register of Expert Witnesses, examines the thorny issue of expert witness fees in legally aided cases. The Legal Aid Agency (LAA) enforces strict caps, only exceeded in ‘exceptional circumstances’. This often leaves local authorities footing the bill when experts charge more than the cap
If an expert charges more than the Legal Aid Agency’s fee cap, who covers the shortfall? Dr Chris Pamplin reports
Families and children are waiting two years to have their cases resolved, a report by the National Audit Office (NAO) has found
Neil Parpworth shares his reaction to the Charter for Londoners
Local authorities are increasingly using ‘deprivation of liberty’ orders to house troubled children in unregistered accommodation often many miles from home, the Law Society has warned.
Data is available for the first time on the policing of public processions & assemblies: what does it reveal? Neil Parpworth looks behind the figures
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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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