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18 February 2021
Issue: 7921 / Categories: Case law , In Court , Law digest
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Law digests: 19 February 2021

Court of Protection

Re TA (recording of hearings; communication with court office) A local authority v TA and others [2021] EWCOP 3, [2021] All ER (D) 91 (Jan)

In proceedings concerning an elderly woman with a diagnosis of Alzheimer’s dementia (GA), for whom the local authority was responsible, and who was currently cared for at home by her adult son (TA), the Court of Protection made an ‘exceptional’ order, namely an injunction, to restrain TA from communicating with the court office by email and telephone. Further, in circumstances where TA had allegedly referred to himself as a ‘Wikileaks Wannabe’, and where (in the context of remote hearings due to the COVID-19 pandemic) he contended that he was ‘outside the jurisdiction of the court’ and could record conversations as he wished while in ‘his jurisdiction’ (his home), the court indicated that it would not accede to his application for permission to record the court hearings, concerning GA. It considered that there would be a ‘publication’ of any recorded information from the proceedings, and

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Sidley—James Inness

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NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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