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20 January 2023
Issue: 8009 / Categories: Legal News , Court of Protection , Mental health
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NLJ this week: Surreptitious medication & the Court of Protection

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Barrister Dr Laura Davidson explored the murky legal world of covert medication and the lack of legal safeguards surrounding these, in the second part of her series on Court of Protection practices, in this week’s NLJ.

Davidson, of No5 Chambers, specialises in mental health and capacity law. Here, she looks into a specific case (Re A (Covert medication: closed proceedings [2022] EWCOP 44). Having set down a detailed history of the case in the first part of her article, she now covers the hearing ‘following disclosure of the surreptitious medication duplicity’, reflects on the lawfulness of excluding the mother of the young woman at the centre of the case and discusses the practice of covert medication itself.

The court had previously held that contact between the mother and daughter was not in the daughter’s best interests due to the risk of adverse influence, but in the meantime hormone treatment was given. What safeguards exist in this situation? It can lead to a complicated situation for the court. Davidson writes: ‘Poole J’s strange decision to inform B and her lawyers of the non-disclosure only at the start of B’s application for A’s return home was an unnecessary ambush, unsurprisingly leading to an adjournment for B to properly consider the issues and documentation.’

Read Pt 2 in full here.

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NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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