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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

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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