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27 May 2022
Issue: 7980 / Categories: Legal News , Profession , Wills & Probate
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Powers of Attorney

The government is pushing ahead with its plans to modernise lasting powers of attorney (LPA), including allowing people to make an LPA completely online for the first time

Publishing their response last week to the consultation, Modernising Lasting Powers of Attorney, which closed in October 2021, the Ministry of Justice (MoJ) and Office of the Public Guardian (OPG) confirmed they intend to introduce a digital channel and automation processes, as well as retaining the current paper-based processes. They will investigate the possibility of technology replacing witnesses and could combine the role of certificate provider and witness.

Identification checks will be introduced as a safeguarding measure against coercion or fraud. The government also want to create a clearer process for objections to the registration of an LPA, with all objections being sent to the OPG.

CILEX lawyers will be given powers to certify copies of powers of attorney. CILEX chair Professor Chris Bones welcomed the move, and expressed support for the goal of modernising the powers of attorney system more generally.

Read the government’s full response here.
Issue: 7980 / Categories: Legal News , Profession , Wills & Probate
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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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