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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

National Pro Bono Centre—Esther McConnell & Sarah Oliver Scemla

National Pro Bono Centre—Esther McConnell & Sarah Oliver Scemla

Charity strengthens leadership as national Pro Bono Week takes place

Michelman Robinson—Akshay Sewlikar

Michelman Robinson—Akshay Sewlikar

Dual-qualified partner joins London disputes practice

McDermott Will & Schulte—Karen Butler

McDermott Will & Schulte—Karen Butler

Transactions practice welcomes partner in London office

NEWS
Intellectual property lawyers have expressed disappointment a ground-breaking claim on the use of artificial intelligence (AI) ended with no precedent being set
Two separate post-implementation reviews are being held into the extension of fixed recoverable costs for personal injury claims and the whiplash regime
Legal executives can apply for standalone litigation practice rights, the Legal Services Board (LSB) has confirmed, in a move likely to offset some of the confusion caused by Mazur
Delays in the family court in London and the south east are partly due to a 20% shortage of judges, Sir Andrew McFarlane, president of the Family Division, has told MPs
Entries are now open for the 2026 LexisNexis Legal Awards, celebrating achievement and innovation in the law across 24 categories
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