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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

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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