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Mental Capacity - Court of Protection Authorises Non-Consensual Caesarean Birth

Where people lack the mental capacity to make important decisions for themselves, judges will step in to ensure that their best interests are served, as was demonstrated by an unusual case in which the Court of Protection (CoP) authorised the planned...

Estate and Dependants Receive Damages for Fatal Crash

When there is a fatal accident involving a person with dependants, a claim for compensation may be able to be made not only by the estate of the deceased person but also by their dependants, whether children or adults. In a recent case , the estate and...

Be Careful What You Post

Although the final result was not financial ruin for the defendant, a recent case illustrates how unwise it is to vent one's spleen on social media. It involved a firm of solicitors that had been involved in the sale of 'off plan' properties in Cyprus. This...

LPA Error Means Court Appearance

It is normally essential when creating a legal document to get the procedures right, and failure to do so can cause unnecessary complications. A recent case dealt with the problem of what happens if a person creates a document that contains an error but...

Motor Insurers Not Liable for £2 Million Fire Damage

The law requires that the driver of any vehicle has a valid insurance policy that covers injury or damage to third parties caused by or arising out of the use of the vehicle on a road or in a public place. The Supreme Court has given authoritative guidance...

Care Costs - Wales Raises 'Asset Cap'

It is not widely known that the 'cap' on assets above which people in residential care must fund their own care is only £23,250 in England and Northern Ireland. It is even less well known that elsewhere in the UK the cap is set at different levels. In...

Insurer Not Liable Where Driver Unidentifiable

In order to sue someone, they have to be served with a notice of claim unless the service of the notice can be properly dispensed with. Can the notice of claim be properly dispensed with if the person being claimed against is not only unidentified, but...

Care Home State Support Limits Unchanged for Ninth Year

Having enough money to pay for care costs in the final years of life is a major concern for many and, despite promises made by governments in the past about limiting the impact on people, in reality the scale of the problem is such that the potential impact...

Court Decides How Injured Child's Estate Should Be Distributed

It is not uncommon for children born with severe abnormalities or injuries to die in childhood. In a recent case, the Court of Protection was required to decide how to divide the estate of a child who died when the lump-sum compensation settlement for...

Take Care if You Have a Carer

Many people employ carers or cleaners to assist them with daily living. Quite often, such arrangements are informal and can last many years. However, failing to put them on a proper footing can prove to be an expensive mistake. Where an agency is used and...
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