39 Essex Chambers, 'Mental Capacity Law Newsletter' (issue 52, December 2014)

Essex newsletter 52.pdf

Mental capacity law newsletter "Highlights this month include: (1) In the Health, Welfare and Deprivation of Liberty Newsletter: Mostyn J takes on the Supreme Court over Article 5; the vexed OFSTED Guidance; the Re X process; guardianship and Cheshire West; (2) In the Property and Affairs Newsletter: decisions on planning for survivorship of attorneys, inheritance tax planning, retainers and the survival of the common law tests for testamentary and gift-making capacity; (3) In the Practice and Procedure Newsletter: an important case on habitual residence; a cri de coeur about case management; and what to do where a litigation friend is no longer in funds; (4) In the Capacity outside the COP Newsletter: prosecutions under s.44 MCA 2005; the battle of the UN Committees as to deprivation of liberty; the Law Commission’s report on kidnapping and false imprisonment and legislative change post-Winterbourne View; (5) In the Scotland Newsletter: an update on the position relating to powers of attorney, an important case on whether a local authority complaints procedure excludes the possibility of judicial view and Lady Hale in Glasgow."


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Type: Newsletter🔍

Title: Mental Capacity Law Newsletter

Author: Ruck Keene, Alex🔍 · Butler-Cole, Victoria🔍 · Allen, Neil🔍 · Bicarregui, Anna🔍 · Edwards, Simon🔍 · Ward, Adrian🔍 · Stavert, Jill🔍

Organisation: 39 Essex Chambers🔍

Date: December 2014🔍

Issue: 52

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