Author: Jessica Jarvis
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Bridging the Access-to-Justice Gap: How Subscription-Based Legal Services Emerge Amid Legal Aid Cuts
As legal aid cuts continue to challenge access to justice for many, the rise of subscription-based legal service models offers a promising alternative. However, are they truly the answer to the legal aid crisis? My latest article delves into the potential of these innovative models, while highlighting the need for a more comprehensive approach to…
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The Price of Inheritance: Challenging Overblown Solicitor Fees in a Landmark Estate Case
In the Kenig v Thomson Snell & Passmore case, Cunnick passed away in July 2019, leaving a £2.9 million estate. Her will divided the estate equally between her children, Laura Peggs and Daniel Kenig. Her brother, Saul Biber, was appointed as executor and hired solicitors Thomson Snell & Passmore to administer the estate. Despite initially…
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Digital Restraint and Deprivation of Liberty: A Critical Examination of Court of Protection’s Stance
In the digital age, children are exposed to an unprecedented amount of information and communication technologies. While this technology can be a powerful tool for education and development, it also poses significant risks to children’s safety and wellbeing. As such, safeguarding children has become a critical concern in the 21st century. However, safeguarding must also…
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Professional Deputies: How Clear Are Your New Obligations? Lets Talk Updated Deputy Standards (2023)
On February 13, 2023, the updated Public Guardian deputyship standards and supporting instructions for lay, professional, and public authority deputies were published. The revised standards simplify the earlier ones from July 2015 while also introducing new duties that all deputies must be aware of. The guidelines are clear that the Public Guardian expects Public Authorities…
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Court confirms that a specific diagnosis is not required when determining capacity
In North Bristol NHS Trust v R [2023] EWCOP 5 the Court of Protection (COP) confirmed that, when applying the capacity test in section 2(1) of the Mental Capacity Act 2005, it was not necessary to trace the disturbance of or impairment in the mind or brain to a particular diagnosis. An NHS trust asked…
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Small Payments Scheme and The Court of Protection
Through 2021 and 2022, the Ministry of Justice (MOJ) sought input on a prospective system that would let families have access to small sums of money that belonged to loved ones who lacked mental capacity. Up to a total amount of £2,500, a new simplified procedure would let withdrawals and payments from cash-based accounts without…
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Professional Executors Costs Appeal Decision: Time To Review Your Charging Clauses
A recent appeals decision has been handed down by Justice Cavanagh in the case of Shepherd & Co Solicitors v Brealey [2022] EWHC 3229. The appeal was dismissed and reinforced the need for comprehensive and regularly reviewed terms of business, fee schedules and charging clauses where relevant. This decision should be considered by professional executors…
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What You Need to Know About the Changes to the Deputyship Application Process From 1 January 2023
As of 1 January 2023, the deputyship application process will be changing in the UK. This is a significant shift, and anyone considering applying for deputyship must be aware of the new process and its implications for them. Deputyship is a legal arrangement that allows someone to make decisions and take action on behalf of…
Jessica Jarvis 