Court of Protection

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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

Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes

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

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MOVERS & SHAKERS

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Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS

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NLJ this week: Policing the safeguards when appointing trust corporations

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

NLJ this week: What the court considers when assessing refusal of ADR

Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?

NLJ this week: Finding innovative ways to fund the justice gap

When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ

NLJ this week: Two’s company, but three’s a crowd in financial provision cases

When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ

Charities Appeals Supplement: March 2026

NLJ's latest Charities Appeals Supplement has been published in this week’s issue

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Court of Protection

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Farrer & Co—Richard Lane

Bird & Bird—Sue McLean