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26 April 2024
Issue: 8068 / Categories: Case law , In Court , Law digest
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Law digests: 26 April 2024

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Mental health

King’s College Hospital NHS ­Foundation Trust v South London and Maudsley NHS Foundation Trust and another [2024] EWCOP 20, [2024] All ER (D) 47 (Apr)

The Court of Protection held that GF, who was 60 years old and had been admitted to hospital via A&E, lacked capacity pursuant to ss 15(1)(a) and (b) of the Mental Capacity Act 2005 to (i) conduct the proceedings and (ii) make decisions as to his medical treatment, in particular in relation to an above-knee amputation and associated pre- and post-operative treatment. Further, the clinical evidence was overwhelming. The collective medical opinion was that an above-knee amputation was the only realistic option. It was lawful and in GF’s best interests to undergo surgery to have his right leg amputated above the knee and to receive care and treatment in accordance with the terms of the treatment plan.

Personal injuries

Williams-Henry (by her mother and litigation friend Christel Williams) v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), [2024] All ER (D) 44 (Apr)

The King’s Bench Division dismissed the claimant’s

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MOVERS & SHAKERS

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
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 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
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
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
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’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
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’ 
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