Court of Protection

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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

Sir Andrew McFarlane has retired from the judiciary, following nearly eight years as president of the Family Division and president of the Court of Protection

What safeguards apply when trust corporations are appointed as deputy by the Court of Protection?

Ann Stanyer reports on a recent decision clarifying how trust corporations may be appointed as deputies, & the safeguards the court expects before approving them

A Mental Capacity Act ‘best interests’ analysis must be undertaken for all treatment decisions for incapacitated adults, the Court of Appeal has held

Lasting powers of attorney & letters of wishes should evolve with a client’s life. Regular reviews can prevent family disputes, court intervention & costly mistakes, writes Ann Stanyer

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MOVERS & SHAKERS

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Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS

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NLJ this week: Company conspiracy clarified

A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes

NLJ this week: Home is where intent lies

The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims

NLJ this week: Farewell to Chancery

The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary

NLJ this week: Silence carries a price

The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself

NLJ this week: Costs sting after a courtroom gamble

Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate

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Court of Protection

MOVERS & SHAKERS

Walkers—Muriel Marseille

Excello Law—John Osborne

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths