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Law digests: 26 April 2024

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

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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