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28 May 2009 / Jonathan Herring
Issue: 7371 / Categories: Features , Public , Family , Community care
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An age-old problem

In a society which celebrates youth, are old people being disregarded? asks Jonathan Herring

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In the US elder law is a well developed field of legal practice and academic study. There is a journal of elder law; textbooks on the subject and many universities will offer it as part of a law degree.

In England, by comparison, the subject of older people and law has received little attention in journals and universities. There is the group Solicitors for the Elderly (www.solicitorsfortheelderly.com/public/index.php), but generally older people seem to fade into the background as far as lawyers are concerned. I recently published a book on law and older people (Older People in Law and Society (OUP, 2009)), and have been surprised that some people think the subject inappropriate and decry the move to establish “law and older people” as an area of study or practice.

Objections

The objections go like this: we should not be treating older people as somehow different to anyone else. A person's

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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