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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

Freeths—Suzanne Porter

Freeths—Suzanne Porter

Firm launches trusts, estates and tax practice in the north with senior hire

Fieldfisher—Guy Forster

Fieldfisher—Guy Forster

Personal injury and medical negligence team strengthened by partner hire

mfg Solicitors—Richard Port

mfg Solicitors—Richard Port

Firm appoints partner and head of family in Birmingham office

NEWS
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
CILEX has called for a review of conveyancing fees and stronger regulation of the high-volume residential property sector, in its response to government proposals for homebuying reforms
Pension provision should be considered during all divorce proceedings in order to repair gender inequality, the Pension Policy Institute (PPI) charity and workplace pensions provider now:pensions have said
‘Over-regulating’ the cryptoassets sector could stifle growth when the government brings regulations into force in 2027, a digital assets lawyer has warned
Solicitors received a new year’s boost this month with the announcement of an uplift to the guideline hourly rates
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