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02 December 2022 / Laura Davidson
Issue: 8005 / Categories: Features , Court of Protection , Mental health
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Cloak & dagger in the Court of Protection?

102822
Closed proceedings & covert medication. In the first of a two-part series, Dr Laura Davidson asks if the Court of Protection has retreated to the realm of secrecy
  • In closed Court of Protection proceedings excluding her mother who was a party, the covert administration of hormone medication was authorised to a young woman.
  • The case raises multiple serious concerns, including around lack of disclosure and the right to family life.

There have been some extraordinary goings-on in the Court of Protection of late. In Re A (Covert Medication: Closed Proceedings), within the case A Council v A (by her litigation friend, the Official Solicitor) and others [2022] EWCOP 44, a single judgment was published containing Part One (following a closed hearing on 15 September 2022 to which B was not a party) and Part Two relating to an open hearing involving all parties from 20 to 22 September 2022. A prior judgment of Judge Moir was also published simultaneously (The Local Authority v A &

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Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
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