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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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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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