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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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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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