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Changing times

17 July 2015 / Phillipa Bruce-Kerr
Issue: 7661 / Categories: Features , Wills & Probate , Human rights , Mental health
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Phillipa Bruce-Kerr explains how deprivation of liberty cases overlap with the private client arena

Many wills & probate lawyers would regard deprivation of liberty issues as being solely the concern of lawyers advising on human rights. In fact, the issues impact on many older and vulnerable people, their families and their carers. They are also generating considerable work for local authority legal teams and for the Court of Protection (CoP). The reasons for the high level of activity are twofold—chiefly the developing case law and, secondly, some poorly-considered legislation.

The underlying legal rights are those enshrined in Art 5 of the European Convention on Human Rights (the convention), which states: “Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law.” Clause 4 requires that “everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided

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Gibson Dunn—London partner promotions

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