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09 June 2011
Issue: 7469 / Categories: Case law , Law digest
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Family law

W (by her litigation friend, B) v M (by her litigation friend, the Official Solicitor) and others [2011] EWHC 1197 (COP), [2011] All ER (D) 08 (Jun)

Hearings before the Court of Protection should be held in private unless there was good reason why they should not. The statutory arrangements of the Mental Capacity Act 2005 mirrored and re-articulated one long-standing common law exception to the principle that justice had to be done in open court.

Careful consideration had always to be given to the precise terms to be included in an order restricting publication of information concerning incapacitated adults which would always be determined by the specific facts of the individual case. Orders for the restriction of publication of information had to be founded on Convention rights.
 

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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