Court of Protection

Go to page of 2

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.

Barrister Dr Laura Davidson explored the murky legal world of covert medication and the lack of legal safeguards surrounding these, in the second part of her series on Court of Protection practices, in this week’s NLJ.

Show

Results

Go to page of 2

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Laytons ETL—Scott Hilton & Simon Jones

City firm launches real estate corporate team to meet growing client demand

Talbots Law—Clare Regan & Lucy George

Midlands firm appoints head of real estate development

Charles Russell Speechlys—Libby Elliott

Corporate, restructuring and insolvency offering grows with partner hire

NEWS

Read All

Bill risks trauma for abuse survivors

Personal injury lawyers have urged parliamentarians to reject plans to enact an extra defence in civil cases where child sexual abuse is alleged

CILEX seeks litigation rights amid Mazur fallout

The Legal Services Board (LSB) has launched a post-Mazur regulatory review into litigation rights, and is fast-tracking an application from CILEX

Lawyers must be immune from suit, rules Court of Appeal

The Court of Appeal has upheld the principle of core immunity for advocates, in an important judgment

Legal bodies decry dangerous climate for lawyers

The Bars, Faculty of Advocates and law societies of England and Wales, Scotland and Northern Ireland have come together to accuse politicians of putting lawyers at risk through their use of ‘irresponsible and dangerous’ language

TA6 property form returns, simplified & streamlined

The beleaguered TA6 property form has been re-released after almost a year of tests with a working group of residential conveyancers

Error message

Court of Protection

MOVERS & SHAKERS

Laytons ETL—Scott Hilton & Simon Jones

Talbots Law—Clare Regan & Lucy George

Charles Russell Speechlys—Libby Elliott