Court of Protection

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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

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

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MOVERS & SHAKERS

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EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS

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NLJ this week: A cautionary tale of bankruptcy and digital promises

A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications

NLJ this week: Trade mark reality check for expanding brands

A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law

NLJ this week: Relocation battles demand more than good intentions

Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile

NLJ this week: Domestic abuse reform faces its hardest test

The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain

NLJ this week: Open justice push brings experts into the spotlight

A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy

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Court of Protection

MOVERS & SHAKERS

EIP—Stuart Malcolm

Ellisons—Francesca Brown

Shakespeare Martineau—Marie Bourke