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18 October 2024
Issue: 8090 / Categories: Legal News , Family , Divorce , Mental health , Health & safety
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NLJ this week: Litigation capacity & the role of the family lawyer

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How should family lawyers work with clients who lose or lack capacity?

In this week’s NLJ, Nicola Beasley, senior associate, Stowe Family Law, explains the concept of litigation capacity, differentiates between this and decision-making, and offers practice points for cases in which clients lose, or lack, litigation capacity.

Beasley covers case law on the topic and sets out clear, practical advice for lawyers involved in cases in which issues about a client’s litigation capacity arise.

The author writes: ‘As with mental health, litigation capacity can fluctuate.’ She also advises lawyers to remember that litigation capacity ‘is not based on whether the person’s decisions are unwise or unusual, or on whether you agree with them or not’.

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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