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This category contains 43 posts

Ten Years of the Administrative Court in Wales: Success or Failure?

“Ten Years of the Administrative Court in Wales: Success or Failure?”   By Sarah Nason (Bangor Law School) and David Gardner (No 5 Chambers)   At the 2019 Legal Wales Conference, David Gardner and Sarah Nason concluded that the Administrative Court in Wales has been a constitutional success and a jurisdictional improvement. On the other … Continue reading

Improving legal participation: what is legal participation?

Improving legal participation: what is legal participation?    By Grainne McKeever (University of Ulster)   Article 6 of the European Convention on Human Rights on the right to a fair trial recognises the importance of individual citizens being able to participate effectively in the legal resolution of their disputes. The core value of participation is … Continue reading

Researching mental capacity disputes: The role of mediation in improving participation in the Court of Protection

Researching mental capacity disputes: The role of mediation in improving participation in the Court of Protection   By Jaime Lindsey (University of Essex)   It is important that people are involved in decisions which directly affect their lives. Research has shown many benefits of participation in decision-making processes ranging from improving the quality of the … Continue reading

Court of Protection Mediation Research – Where are we in the UK?

By Charlotte May   This month a new report by Charlotte May was launched to address the question ‘Where are we in the UK in Court of Protection mediation?’   CoP Mediation The key and fundamental difference in mediation in the CoP relates to a person’s capacity. In these cases mediation works towards a negotiated … Continue reading

Workshop on Improving Participation in Court of Protection Proceedings

By Jaime Lindsey Meaningful access to justice requires having the ability to participate in decision-making that will directly affect you. Yet analysis of participation in mental capacity law is relatively under-researched compared to other areas of law. This ESRC-funded workshop on ‘Improving participation in Court of Protection proceedings’ allowed those with an interest in participation … Continue reading