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05 December 2014
Issue: 7633 / Categories: Case law , Law digest , In Court
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Mental health

Re X and others (Deprivation of Liberty) (Number 2) [2014] EWCOP 37, [2014] All ER (D) 224 (Oct)

Following a previous judgment on questions of law in deprivation of liberty cases involving adults who lacked capacity (see [2014] All ER (D) 43 (Aug)), the Court of Protection supplemented and elaborated on some of those questions. It held that a patient, P, was not required to be a party to welfare proceedings under domestic law or the European Convention on Human Rights. Further, P could participate in the proceedings without being joined and, if a party, he was not required to have a litigation friend. However, a litigation friend who did not act by a solicitor required the court’s permission to act as P’s advocate.

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MOVERS & SHAKERS

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
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