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What are deprivation of liberty safeguarding restrictions in social care?

Sophie Holmes
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The Mental Capacity Act 2005 is the legal framework which allows decisions to be made on behalf of people who lack the mental capacity to make the decision themselves, including decisions to deprive a person ‘P’ of his or her liberty.  ...

Urgent care system in crisis

Laura Sheehan
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For anyone unfortunate enough to have required emergency care in recent months, they will have likely seen first-hand the current state of pressure on our urgent care system. Hours of waiting and a struggle to find beds. Patients being left too long...

Plans to delay the first MOT of new vehicles and the impact on road safety

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It can be accepted that with the cost of living on the rise, the government is seeking to reduce costs for the public where possible. However, is delaying new vehicles MOTs by a year the best solution? What does an MOT check cover? An MOT test is an...

How long can a deprivation of liberty authorisation be in place?

Jessica Hobro
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DOLS (deprivation of liberty safeguards) are used to deprive a person of their liberty if they are in a hospital, care home or nursing home. This is because the nature of their care arrangements mean that their freedom needs to be restricted (for example,...

What should I do if I think someone is being deprived of their liberty?

Megan Taylor
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If you think that someone is being deprived of their liberty, you should talk to the people in charge of their care. In a care or nursing home, this would be the home manager, and in a hospital, this may be a doctor or nurse (often referred to as the...

What is the meaning of intellectual property?

Jade Fairhurst
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Put simply, intellectual property (IP) is property created by use of the mind, such as inventions, designs, literary and artistic works, images, symbols and so on. Just like other forms of property, particularly tangible property, intellectual property...

Workplace stress and employee burnout

Philip Richardson
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Workplace stress and employee burnout are significant issues in many organisations. While they can affect anyone, at any time, those in leadership or management positions often cite burnout as mitigating factors in their decision to leave a role, or...

Commercial landlord update - minimum EPC rating is set to change by April 2023

Robert Gambles
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As a result of the the current energy cost crisis EPC ratings have become even more important to tenants trying to keep their costs under control. Read on for a little EPC background and the low-down on the current state of play in respect of...

How do I choose the right contentious probate solicitor for me?

Jordan Davies
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Since 2018, the number of law firms offering services in contentious probate has doubled and it is predicted that it will grow further still. With so many firms now providing this service, how do you decide which is the right law firm for you? As...

What is a non-molestation order?

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A non-molestation order is designed to protect victims from abuse, threats and harassment. This order is an injunction which means that certain actions/behaviours are not allowed. These include stopping the abuser communicating with you or being allowed...

Weighing best interests in the Court of Protection - A return home for 'P' vs a risk of serious health issues

Sophie Holmes
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The recent case of Lancashire and South Cumbria NHS FT and Lancashire CC v AH [2023] EWCOP 1 concerned a 46-year-old woman (‘AH’) with a diagnosis of type one diabetes, mild learning disability and suspected borderline personality...

How do I know if I have a valid personal injury claim?

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If you have been injured or harmed as a result of the actions (or inactions) of another party, you may be able to make a personal injury claim for compensation. In order for your claim to be successful it must be possible to show that the other party...

Common ways to fund a personal injury claim

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As a new business advisor, I speak to many prospective clients and I find that they often ask the same questions in relation to a personal injury claim: How is the claim paid for? How are the costs of both sides covered? Do you take a percentage of...

Understanding the business sale process

Aaron O'Brien
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When it comes to selling your business, the process and the terminology can sometimes appear daunting. Most people will only get involved in this process once or a few times. When you are selling something, the two main methods of sale are: the sale of...

Passing off - what is it and how can I prevent it?

Jade Fairhurst
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Passing off is a civil tort falling within the realms of intellectual property law. Put simply, it is when one party misrepresents that its goods or services are those of another party. Passing off can be deliberate or innocent, however the customer is...

What are the rules of intestacy?

Jordan Davies
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When someone dies without a Will, their estate is distributed in line with the rules of intestacy. But what does this mean? The rules of intestacy provide a succession of people who will inherit from the estate. The following is a brief summary of how the...

Personal data breach claims - defending your position

Jade Fairhurst
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Personal data breach claims come in many different forms: a letter sent to the wrong address, personal information disclosed to a third party, but the unanswered question, is how do these often small, sometimes relatively insignificant breaches, attract...

Recent rise in never events - what is a never event and why should this be concerning?

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New information has revealed that there has been an increase in the amount of 'never events' in the UK. In particular, a record number of ‘foreign objects’ have been left inside patients’ bodies after they have had surgery. NHS...

What are the current flexible working rules and what changes have been proposed?

Terri Li
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In circumstances where you have at least 26 weeks' continuous employment, you have the right to make a request for flexible working under the statutory scheme providing you meet the following criteria: You are an employee You have been...

Can I sell my house if there is a boundary dispute?

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The short answer is yes, you are able to sell your home whilst there is an ongoing boundary dispute . There is however a legal requirement to disclose that boundary dispute when selling your house. Your conveyancing solicitor will require you to...

Cost-of-living contributing to January divorce spike?

Victoria Gethin
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Simmering marital tensions can often reach boiling point over the festive season and it is not uncommon for solicitors to see a spike in enquiries throughout the month of January rather than on one particular day. A new year, a new start. We have begun...

Should revisiting your Will be your new years resolution?

Jordan Davies
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More people than ever before are now challenging Wills and making claims against estates, meaning that it has become more important than ever to ensure everything that you have implemented is still fit for purpose. Or if you haven’t put anything in...

Are injury claims arising out of beauty treatments on the increase?

Katie Plappert
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As we enter a new year, our high streets continue to change with many shops sadly closing permanently. This is largely due to the number of people choosing to shop online, especially since the Covid-19 pandemic. The Centre for Retail Research (CRR) have...