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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

Lies cost, as The insider, aka Professor Dominic Regan, reports in this week’s column

Court of Protection and trust lawyers who assist in personal injury and clinical negligence cases will be impacted by proposed amendments to the Civil Procedure Rules. 
How do the latest amendments to the Civil Procedure Rules impact on children & protected parties? Gareth Williams explains
The Ministry of Justice (MoJ) has published the government’s response to the consultation, ‘Mental Capacity Small Payments Scheme’, which ran from 16 November 2021 to 12 January 2022. 
The Courts and Tribunals Judiciary has provided practice guidance for Court of Protection closed hearings and closed material. 
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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
Criminal juries may be convicting—or acquitting—on a misunderstanding. Writing in NLJ this week Paul McKeown, Adrian Keane and Sally Stares of The City Law School and LSE report troubling survey findings on the meaning of ‘sure’
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