Author: Jessica Jarvis
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From Classroom to Courtroom: The Evolution of Gender Identity Rights in the UK
In a recent case the Court of Protection navigates the complex waters of family law, gender identity, and youth autonomy, the story of EE, a 17-year-old non-binary individual, has captured significant attention. This case, set against the backdrop of evolving societal norms and legal frameworks, sheds light on the challenges young people face in asserting…
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New Legislation Alert: The Impact of the Power of Attorney Act 2023
In a significant legal development, the UK has reformed its Lasting Powers of Attorney (LPAs) with far-reaching amendments. After a detailed public consultation and subsequent Royal Assent granted on 18 September 2023, the new Power of Attorney Act is now law. This change marks the culmination of a lengthy process designed to modernise and make…
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Who Decides? Revisiting Decision-Making Authority in Mental Health Following Manchester NHS Trust v JS
Navigating the intricate relationship between the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) is fraught with complexity. The recent case of Manchester University Hospitals NHS Foundation Trust v JS & Anor offers vital insight into how these pieces of legislation intersect. This blog post aims to dissect the case and…
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Costs Unleashed: The Explosive Impact of Fee Mismanagement in Brassington v Knights and JXC v NIS
In the legal world, costs and the procedures surrounding them have always been a complex arena, fraught with challenges and potential pitfalls. Recently, two cases have starkly highlighted the importance of effective cost management, clear client communication, and robust administrative procedures, specifically in the area of Court of Protection work and conditional fee agreements. The…
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From Cowboys to Consumer Protection: The Rising Debate on Regulating Unregulated Legal Services
The legal services landscape has seen a surge in the provision of unregulated legal services, raising concerns about consumer protection and access to justice. The Solicitors Regulation Authority (SRA) commissioned a comprehensive report, conducted by Frontier Economics, to delve into the size, characteristics, and consumer experiences within the unregulated sector. In this article, we navigate…
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Failing Our Vulnerable: An In-Depth Look at the OPG’s Oversight Weaknesses
In the shadowy corners of our societal conscience, a covert epidemic is spreading, largely unnoticed: elder abuse. As our global population continues to age, an escalating number of older adults find themselves in the cruel grip of exploitation, frequently by those they rely upon for their care. This investigation seeks to illuminate the problem of…
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Revisiting Testamentary Capacity: The Baker v Hewston (2023) Cross-Check Approach
Testamentary capacity, the mental ability a person needs to make or alter a will, is a pivotal concept in private client law. Given that questions around this area form one of the most common reasons for will challenges, it’s crucial for practitioners to stay up-to-date with the relevant legal framework. The recent case of Baker…
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Hilder Rules: No Asset Injunctions by Court of Protection
In a landmark case, Senior Judge Hilder unveils the true boundaries of the Court of Protection’s jurisdiction. Don’t miss out on this legal revelation – click to learn more.
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The OPG’s Security Bond Scheme: Can We Do Better?
Quietly, with no pomp or circumstance, the Office of the Public Guardian (OPG) announced a significant change to the surety (security) bond scheme for Court of Protection deputies. While the news may not have made headlines, it signalled a substantial shift in the way the OPG ensures the financial protection of vulnerable individuals, colloquially referred…
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Executor or Administrator in the UK? Here’s Your Survival Guide
Hey there, intrepid executor or administrator! Before you start managing a deceased person’s estate, you usually need a legal authority, either a ‘Grant of Probate’ or ‘Letters of Administration’. A Grant of Probate is issued when there’s a will, and Letters of Administration come into play when there’s no will. However, if you’re dealing with…
Jessica Jarvis 