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  • Article

    Court Of Protection Case Secures Recognition Of Scottish Guardianship Order For Vulnerable Adult In Complex Cross Border Case

    The Court of Protection has recognised and enforced a Scottish guardianship order authorising deprivation of liberty for a vulnerable adult placed in England, but only after the original order was refused for failing to meet Article 5 ECHR safeguards. This case establishes important precedent on what procedural protections must be in place when cross-border care arrangements involve adults lacking capacity.
    United KingdomGovernment, Public Sector
    Hugh James
    Hugh James
  • Article

    Why Awareness Must Lead To Action After Major Trauma

    Major Trauma Awareness Week highlights the profound challenges faced by survivors of life-changing injuries like traumatic brain injuries, spinal cord damage, and amputations. While 20,000 major trauma cases occur annually in the UK, only 1 in 10 survivors receive adequate support to rebuild their lives after the emergency phase ends.
United Kingdom
Litigation, Mediation & Arbitration
Hugh James
Hugh James
  • Article

    Soldiers' Wills Can Be Complicated

    A bitter dispute over an alleged Last Will and Testament of a British Marine killed in Afghanistan made the headlines and brought into sharp focus the unique and complex law surrounding wills for British service men and women.
    United KingdomFamily and Matrimonial
    Hugh James
    Hugh James
  • Article

    Amazon Drivers And On-Site Managers: Could You Be Entitled To Employment Rights?

    Amazon delivery drivers and On-Site Managers may be entitled to significant backdated compensation for holiday pay, National Minimum Wage underpayments, and other employment rights they were denied. A growing group claim argues that despite being labeled as self-employed, these workers should legally be classified as employees or workers based on Amazon's control and integration of their services.
    United KingdomEmployment and HR
    Hugh James
    Hugh James
  • Article

    The Proposed Heathrow Third Runway: What Residents Need To Know About Property Impacts, Compensation And Reform

    The prospect of a third runway at Heathrow Airport has resurfaced, bringing uncertainty to communities across West London and the Thames Valley about homes, property values and future planning. This guide examines how the compensation framework operates for affected homeowners, identifies critical gaps in protection during the years between policy approval and construction, and explains why reform is needed to address the human and financial costs of prolonged infrastructure uncertainty.
    United KingdomReal Estate and Construction
    Hugh James
    Hugh James
  • Article

    Fraudulent Calumny: A ‘Poisoning Of The Mind'

    Victoria Jones, Partner in the Contested Wills, Trusts and Estates Team at Hugh James explains what fraudulent calumny is and also what someone can do if they have concerns that this has occurred.
    United KingdomFamily and Matrimonial
    Hugh James
    Hugh James
  • Article

    Cyber Security And Resilience Bill: What Does It Mean For Your Organisation?

    The UK's proposed Cyber Security and Resilience Bill represents a fundamental shift in regulatory oversight, expanding the scope of compliance obligations beyond traditional critical infrastructure to include supply chains and service providers. With stricter reporting timelines, enhanced regulatory powers, and penalties reaching up to £17 million or 4% of global turnover, organisations must understand how these changes will impact their operations and governance frameworks.
    United KingdomCorporate/Commercial Law
    Hugh James
    Hugh James
  • Article

    Can Someone With Dementia Make A Valid Will? Exploring Testamentary Capacity And When The Court Of Protection May Need To Be Involved

    When a person is diagnosed with dementia, questions often arise about their ability to make a valid will. This article explores the legal test for testamentary capacity, how capacity is assessed in dementia cases, and what options exist when someone lacks the mental capacity to execute a will themselves.
    United KingdomFamily and Matrimonial
    Hugh James
    Hugh James
  • Article

    Jones v Kernott — A Case Of Clarification Or Not?

    The Supreme Court has recently handed down its much anticipated judgment in the case of Jones v Kernott [2011] UKSC 53.
    United KingdomFamily and Matrimonial
    Hugh James
    Hugh James
  • Article

    Local Authority v AC: Hidden Succession Risks And The Implications For Predatory Marriage

    A recent Court of Protection judgment has highlighted a critical vulnerability in estate planning: the threshold for capacity to marry is significantly lower than that required to make a valid will. This disparity creates opportunities for predatory marriages, where vulnerable individuals may have sufficient capacity to marry but lack the testamentary capacity to protect their estate, potentially allowing exploitation through automatic will revocation and intestacy rules.
    United KingdomFamily and Matrimonial
    Hugh James
    Hugh James
  • Article

    Staff Accommodation, Service Occupancies And Possession Rights In England And Wales

    The Renters' Rights Act 2025 fundamentally reshapes how employers handle staff accommodation in England, particularly when employment relationships end. Understanding whether your arrangement constitutes a service occupancy or service tenancy has become critical, as the distinction determines possession rights and recovery procedures.
    United KingdomEmployment and HR
    Hugh James
    Hugh James
  • Article

    The Neurological Battlefield: Neurotechnology And The Challenges For The Laws Of War

    Military neurotechnology is creating unprecedented challenges for international humanitarian law as brain-computer interfaces blur the boundaries between combatants and equipment, medical treatment and military enhancement, and conscious decision-making and automated response.
    United KingdomInternational Law
    Hugh James
    Hugh James
  • Article

    Child Maintenance Service Under Pressure: What Can Parents Do When The System Goes Wrong?

    A BBC Panorama investigation has exposed significant problems with the Child Maintenance Service, including delayed enforcement, substantial arrears and administrative errors affecting over 800,000 cases.
    United KingdomFamily and Matrimonial
    Hugh James
    Hugh James
  • Article

    Four years, one fight: Standing with the Saints of St Helena

    A law firm has spent four years fighting for justice for 145 people on the remote island of St Helena who say they were harmed by a surgeon's negligent treatment. What began as clinical negligence claims has evolved into a complex battle over access to justice for one of the world's most isolated communities, raising fundamental questions about equality before the law and the rights of vulnerable populations in British Overseas Territories.
    United KingdomLitigation, Mediation & Arbitration
    Hugh James
    Hugh James
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