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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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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

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Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

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Constantine Law—James Baker & Julie Goodway

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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