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

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

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

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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NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS

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NLJ this week: Silence comes dear

Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect

NLJ this week: Prosecutions under watch

Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested

NLJ this week: Immunity breached

Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling

NLJ this week: Blame game backfires

Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation

NLJ this week: Sanctions divide

Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia

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Court of Protection

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Switalskis—Rebecca Parry & Hannah Gamble