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17 July 2015 / Phillipa Bruce-Kerr
Issue: 7661 / Categories: Features , Wills & Probate , Human rights , Mental health
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Changing times

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Phillipa Bruce-Kerr explains how deprivation of liberty cases overlap with the private client arena

Many wills & probate lawyers would regard deprivation of liberty issues as being solely the concern of lawyers advising on human rights. In fact, the issues impact on many older and vulnerable people, their families and their carers. They are also generating considerable work for local authority legal teams and for the Court of Protection (CoP). The reasons for the high level of activity are twofold—chiefly the developing case law and, secondly, some poorly-considered legislation.

The underlying legal rights are those enshrined in Art 5 of the European Convention on Human Rights (the convention), which states: “Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law.” Clause 4 requires that “everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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