Court of Protection

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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

The Law Commission has proposed increased protection against undue influence, an end to the ‘automatic revocation’ rule and the introduction of electronic wills

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MOVERS & SHAKERS

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WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS

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NLJ this week: Burnout behind the billable hour

Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice

NLJ this week: Domestic abuse reforms still falling short

Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes

NLJ this week: Uber’s legal shield faces scrutiny on both sides of the Atlantic

Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales

NLJ this week: Is it finally time to scrap Part III?

The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes

NLJ this week: Hereditary peers era finally comes to an end

The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber

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Court of Protection

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Gilson Gray—Gregor Duthie & Stephen Forsyth