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The burden of proof in testamentary capacity revisited?

United Kingdom - April 1 2014 We do not formally provide a case note upon this case relating to (inter alia) testamentary capacity, which is highly fact-specific, but note the…

Neil Allen, Victoria Butler-Cole, Alexander Ruck Keene, Jill Stavert, Adrian Ward

When can you dispense with service in a statutory will case?

United Kingdom - April 1 2014 This judgment, delivered some time ago, but only very recently made publicly available, deals with a short but important point as to whether (and…

Neil Allen, Victoria Butler-Cole, Alexander Ruck Keene, Jill Stavert, Adrian Ward

Deprivation of liberty and adults with incapacity: a Scottish perspective – addendum after Cheshire West

United Kingdom - April 1 2014 In the January 2014 issue of this newsletter a brief overview was provided of the post-Bournewood implications for Scottish legislation, notably the…

Neil Allen, Victoria Butler-Cole, Alexander Ruck Keene, Jill Stavert, Adrian Ward

Wishes, feelings and the pregnant child

United Kingdom - July 1 2014 This was an urgent application relating to a 13 year old girl who was subject to ongoing care proceedings. At the time of the hearing she was…

Neil Allen, Victoria Butler-Cole, Simon Edwards, Alexander Ruck Keene

Cheshire West – the impact on s.135za Social Work (Scotland) Act 1968

United Kingdom - April 1 2014 Section 13ZA of the Social Work (Scotland) Act 1968 was inserted by the Adult Support and Protection (Scotland) Act 2007 to provide an alternative to…

Neil Allen, Victoria Butler-Cole, Alexander Ruck Keene, Jill Stavert, Adrian Ward