header-logo header-logo

22 April 2020 / Stephen Gold
Issue: 7883 / Categories: Features , Procedure & practice , Civil way , Covid-19
printer mail-detail

Civil way/COVID-19: 24 April 2020

COVID-19

 

In isolated care Hayden J sitting in the Court of Protection on Skype in BP and S County Council and another [2020] EWCOP 17 tackled the almost insoluble problem posed by an 89-year-old, resident in a care home, suffering from Alzheimer’s disease and cut off from his family on account of the home’s decision to suspend visits because of the pandemic. The home had adopted a similar stance in relation to its other residents. The suspension was activated at 5pm on 20 March 2020 and here was the judge searching for a solution as emergency business five days later. The resident’s daughter as her father’s litigation friend—she was ‘balanced and even-handed, said the judge, and so not disqualified from that role—sought to have him released into her 24 hour per day single handed care if visits were not reinstated. The judge had no doubt that the father derived enormous benefit from contact with his family and also from friends and that this contributed very significantly to his general

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll