The Reverse Burden of Proof in Health and Safety Prosecutions: As You Were – Henderson Chambers

‘In R v (1) AH Ltd and (2) Mr SJ, the appellants sought leave from the Court of Appeal to challenge the reverse evidential and legal burdens of proof to establish the “reasonably practicable” defence pursuant to s40 HSWA1974. Although permission to appeal was ultimately refused, the reasoning behind the decision is important reading for health and safety practitioners in the context of increasingly vigorous prosecutions.’

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Henderson Chambers, 9th July 2021

Source: www.hendersonchambers.co.uk

Former trader jailed for defrauding pensioners – BBC News

Posted July 15th, 2021 in abuse of position of trust, elderly, fraud, news, sentencing by tracey

‘A former stockbroker has been jailed for defrauding two pensioners out of nearly £34,000.’

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BBC News, 15th July 2021

Source: www.bbc.co.uk

Man jailed for karate kicking fisherman, 74, into River Mersey – BBC News

Posted June 11th, 2021 in assault, elderly, imprisonment, news, sentencing, young offenders by tracey

‘A man who karate kicked a 74-year-old fisherman into the River Mersey has been jailed for 10 weeks.’

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BBC News, 10th June 2021

Source: www.bbc.co.uk

Court of Protection judge considers how supervisory bodies should evidence their scrutiny of requests for authorisation of deprivation of liberty – Local Government Lawyer

‘An error in someone’s name on a form did not invalidate a standard authorisation, the Court of Protection has decided.’

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Local Government Lawyer, 10th June 2021

Source: www.localgovernmentlawyer.co.uk

Senior judge declines to order Covid vaccination of 86-year-old woman – Local Government Lawyer

Posted May 20th, 2021 in consent, coronavirus, disabled persons, elderly, news, vaccination by tracey

‘The Court of Protection has ruled that an 86-year-old woman with dementia should not be either forcibly given a Covid vaccine or deceived into accepting a jab.’

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Local Government Lawyer, 20th May 2021

Source: www.localgovernmentlawyer.co.uk

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Would receipt of a Covid-19 vaccine be in a mentally incapacitated person’s best interests when other treatments are proposed by a family member? – Garden Court Chambers

‘V is in her early 70s and resides in a care home. She has Korsakoff’s syndrome. SD, V’s daughter, sought a declaration that it would not be in V’s best interests to administer a Covid-19 vaccine to V. The local authority argued it was in V’s best interests to receive the vaccine.’

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Garden Court Chambers, 26th February 2021

Source: www.gardencourtchambers.co.uk

Capacity and best interests in relation to Covid-19 Vaccination – Garden Court Chambers

‘Mrs E was aged 80 and lived in a care home. She had diagnoses of dementia and schizophrenia.’

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Garden Court Chambers, 22nd February 2021

Source: www.gardencourtchambers.co.uk

Court of Protection Newsletter – Spire Barristers

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

Re E [2021] EWCOP 7 – The COVID-19 Vaccine & Capacity – Pump Court Chambers

‘It was just over a month between the first Covid-19 vaccination being administered and the first reported COP decision relating to it. As ever, this decision is fact specific, but there are some important points to take away.’

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Pump Court Chambers, 11th February 2021

Source: www.pumpcourtchambers.com

COVID-19 vaccination: capacity and best interests – the first reported Court of Protection judgement – Family Law

‘On 20 January 2021 in the matter of Re E (Vaccine) [2021] EWCOP 7, the Vice-President of the Court of Protection Mr Justice Hayden, delivered the first reported judgement in a vaccination dispute. Mrs E, the 80 year old dementia sufferer at the centre of the dispute (and who had been diagnosed with schizophrenia some 20 years ago), was living in a care home where there had been several cases of COVID-19. On 8 January 2021, the London Borough of Hammersmith and Fulham informed Mrs E’s Accredited Legal Representative that she was to be offered a COVID-19 injection on 11 January, however her son, Mr W, objected to this. Due to the risk of Mrs E succumbing to COVID-19, her legal representatives urgently sought a declaration, pursuant to s.15 of the Mental Capacity Act 2005 (“MCA 2005”), that it would be lawful and in her best interests to receive the vaccine at the next possible date (the appointment on 11 January having been missed due to the son’s objection).’

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Family Law, 3rd February 2021

Source: www.familylaw.co.uk

Senior judge authorises giving Covid-19 vaccine to 80-year-old woman in care home despite objections of son – Local Government Lawyer

‘It was lawful and in the best interests of an 80-year-old care home resident with dementia and schizophrenia to be vaccinated against Covid-19 despite the objections of her son, the Vice-President of the Court of Protection has ruled.’

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Local Government Lawyer, 27th January 2021

Source: www.localgovernmentlawyer.co.uk

BT faces £600m lawsuit over ‘overcharging’ – BBC News

Posted January 19th, 2021 in compensation, consumer protection, elderly, news, telecommunications by sally

‘BT is facing a class action lawsuit over claims it failed to compensate elderly customers who were overcharged for landlines for years.’

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BBC News, 18th January 2021

Source: www.bbc.co.uk

Divorce in Later Life – Family Law

Posted December 3rd, 2020 in divorce, elderly, news by tracey

‘Karin Walker, Founder of KGW Family Law, explains the issues of specific concern for family lawyers acting for “silver splitters.”’

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Family Law, 2nd December 2020

Source: www.familylawweek.co.uk

Abuse of older people reaches ‘unprecedented level’ during pandemic – Daily Telegraph

Posted November 30th, 2020 in charities, coronavirus, elderly, news, sexual offences, statistics, victims by sally

‘Abuse of older people is at “unprecedented levels” – with almost 2.7 million victims thought to be affected in the UK, a charity has said.’

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Daily Telegraph, 30th November 2020

Source: www.telegraph.co.uk

Grieving daughter wins first stage of legal fight on Covid releases to care homes – The Guardian

‘A grieving daughter who lost her father to Covid-19 in an Oxfordshire care home has won the first stage of a high court challenge against the government’s policy of discharging hospital patients into care homes without tests.’

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The Guardian, 19th November 2020

Source: www.theguardian.com

Driver who ‘fell asleep’ jailed for causing death – BBC News

Posted November 16th, 2020 in dangerous driving, elderly, imprisonment, news, sentencing, unlawful killing by sally

‘A pensioner who caused the death of a woman after “falling asleep” has been jailed for a year.’

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BBC News, 14th November 2020

Source: www.bbc.co.uk

Dementia patient restrained by security guards 18 times to be forcibly treated – Daily Telegraph

‘A dementia patient was restrained by security guards 18 times so he could be forcibly treated, as experts warn the case is “shocking and extreme”.’

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Daily Telegraph, 14th October 2020

Source: www.telegraph.co.uk

Care watchdog to review use of DNACPR during pandemic – Local Government Lawyer

Posted October 15th, 2020 in care homes, consent, coronavirus, elderly, medical treatment, news by tracey

‘The Care Quality Commission is to review how Do Not Attempt Cardiopulmonary Resuscitation (DNACPR) decisions were used during the coronavirus pandemic.’

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Local Government Lawyer, 13th October 2020

Source: www.localgovernmentlawyer.co.uk

Inquiry begins into blanket use in England of Covid ‘do not resuscitate’ orders – The Guardian

Posted October 13th, 2020 in care homes, elderly, hospitals, inquiries, medical treatment, news by sally

‘An urgent investigation into blanket orders not to resuscitate care home residents has been launched amid fears some elderly people may still be affected by the “unacceptable” practice.’

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The Guardian, 12th October 2020

Source: www.theguardian.com