Category: Court of protection
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The Impact of OH v Craven: Proposing Balanced Solutions for PI Trusts
The judgment in OH v Craven [2016] EWHC 3146 (QB) has stirred significant debate within the legal community, particularly among personal injury lawyers and their clients. The ruling mandates that counsel’s advice be sought when establishing PI trusts, especially when the applicant solicitors’ firm is also acting as professional trustees, in an attempt to negate…
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In the Spotlight: Re PW and Its Implications for Deputies
The legal framework governing the management of affairs for individuals lacking capacity has evolved substantially, guided by pivotal judgments from the Court of Protection (COP). Landmark cases including Re MWS, ACC v Others, and the subsequent Re PW have showcased the intricate scrutiny and elevated standards expected of professional deputies and trustees. Read on to…
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Navigating Holiday Gifting: Legal Tips for Attorneys and Deputies
With the festive season just around the corner, gift-giving is on everyone’s mind. For attorneys and deputies, this period brings the important task of ensuring that any gifts given are both thoughtful and legally appropriate. Attorneys and deputies have the responsibility to make gifting decisions for others, but it’s important to remember that this role…
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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…
Jessica Jarvis 