Court of Protection

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Safety fears do not automatically justify shutting an interested person out of a statutory will application

Catherine Frost considers natural justice, safety, & secrecy in statutory will applications

The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent

With Cheshire West overturned, Laura Davidson considers whether a more flexible approach to deprivation of liberty comes at the cost of vital safeguards

Matthew Vernon reflects on the importance of taking an individual’s wishes into account when determining deprivation of liberty

Imogen Mellor examines why the Court of Protection has resisted extending person-specific capacity assessments to marriage

The Court of Protection has reaffirmed that capacity to marry remains a status-based question rather than one focused on a particular spouse

Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation

Ann Stanyer considers whether the law offers sufficient protection for family contact in care settings

Mental health charities have reacted with alarm after Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, was overturned by the Supreme Court

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MOVERS & SHAKERS

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Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS

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Law Officers mark 25 years of Pro Bono Week

The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work

NLJ this week: Possession’s digital pitfalls

Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step

NLJ this week: Who shaped the witness’s story?

Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete

NLJ this week: New law, old convictions

Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice

NLJ this week: Beyond environmental offences

The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed

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Court of Protection

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Clarke Willmott—Lee Edwards

Lime Solicitors—four promotions