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15 April 2016
Issue: 7694 / Categories: Case law , Law digest , In Court
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Mental health

Re YW [2016] EWCOP 18, [2016] All ER (D) 45 (Apr)

The Court of Protection, on the public guardian’s application to revoke a lasting power of attorney (LPA) for property and financial affairs, held that, in circumstances where the only evidence of the donor’s capacity was in the Court of Protection general visitor’s report, which was ambivalent on the question of her capacity to revoke the LPA, an assessment by a Court of Protection special visitor was required prior to considering revoking the LPA and making a substantive deputyship appointment. Pending receipt of that report, the attorneys’ authority to act under the LPA would be suspended and the donor’s daughter would be appointed as an interim deputy.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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