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NLJ this week: Litigation capacity & the role of the family lawyer

18 October 2024
Issue: 8090 / Categories: Legal News , Family , Divorce , Mental health , Health & safety
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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

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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