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Law digests: 19 February 2021

18 February 2021
Issue: 7921 / Categories: Case law , In Court , Law digest
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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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NEWS
Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
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