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07 May 2015
Issue: 7651 / Categories: Legal News
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C of P media rules should be more transparent

Court of Protection rules on media access need to be overhauled to improve transparency and prevent miscarriage of justice, a new study claims.

Strict rules on media access apply to the court, which makes decisions about the care of people who lack mental capacity, whether through dementia or learning disabilities. Journalists must make costly applications to attend hearings.

However, a Cardiff University School of Law study, Transparency in the Court of Protection: Report on a Roundtable, funded by the Nuffield Foundation, argues that these rules need to change to allow for routine media access to important hearings—mirroring the practice applied in the Family Court system.

The research highlights cases such as that of Stephen Neary, whose unlawful deprivation of his liberty by the London Borough of Hillingdon led to public outcry after his father turned to the media with his public fight to bring his son home.

Dr Lucy Series, of Cardiff University’s School of Law, who co-authored the study, says: “The current rules are not fit-for-purpose.

“All participants in the research expressed support for the principle of ‘open justice’. Media reporting on Court of Protection cases, and the publication of judgments, were seen as important to enhance public understanding of the Court of Protection’s work, to protect against miscarriages of justice and to promote public confidence in the court. Open and accessible judgments were also said to be important for access to justice for litigants in person who might not have access to law reports or legal advice.”

Issue: 7651 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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