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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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