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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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