Court of Protection

Understand the vital role of the Court of Protection in safeguarding the interests of vulnerable individuals. This resource offers expert guidance on navigating proceedings and making informed decisions in complex family scenarios.

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Sub Topics We Cover

Decision making in respect of health and welfare Decision making in respect of property and affairs Deprivation of liberty Deputies—appointment, duties and powers Personal injury trusts versus deputyships Practice and procedure The Court of Protection and supporting services

Latest Family News

Court of Protection, ability to recover money under invalid contract Irwin Mitchell Trust Corporation v PW (by her litigation friend the Official Solicitor) and another

Court of Protection, ability to recover money under invalid contract Irwin Mitchell Trust Corporation v PW (by her litigation friend the Official Solicitor) and another

Private Client analysis: This second judgment concerns whether claims arising from the voidable appointment of an asset manager should be waived. That...

Family weekly highlights—22 October 2026

Family weekly highlights—22 October 2026

This week’s edition of the Family weekly highlights includes details of the minutes of the Civil Procedure Rule Committee meeting on 3 July 2026 and...

Law Society publishes practice note on use of AI in legal practice

Law Society publishes practice note on use of AI in legal practice

The Law Society of England and Wales has published a practice note on the use of artificial intelligence (AI) in legal practice. It confirms that...

Managing Direct Payments—deputies need mixed welfare and financial authority (Re Direct Payments)

Managing Direct Payments—deputies need mixed welfare and financial authority (Re Direct Payments)

Private Client analysis: The Court of Protection confirmed that managing Direct Payments under any of four statutory schemes requires specific...

Featured Family content

Procedure—Schedule 1 to the Children Act 1989

Procedure—Schedule 1 to the Children Act 1989

Procedure—Schedule 1 to the Children Act 1989This Practice Note sets out the procedural requirements in relation to an application under Schedule 1 to...

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997

Applications under the Protection from Harassment Act 1997This Practice Note explains the six criminal offences that may be committed under the...

Striking out a statement of case

Striking out a statement of case

Striking out a statement of caseThis Practice Note explains the court's power to strike out a statement of case. It summarises the grounds on which a...

The grounds on which a marriage is void

The grounds on which a marriage is void

The grounds on which a marriage is voidA void marriage is one that will be treated by the court as never having taken place. The grounds on which a...

Practice notes

Sequestration (confiscation of assets) within contempt proceedings

Sequestration (confiscation of assets) within contempt proceedingsSequestration is a process for dealing with a contempt of court that would be...
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Produced in partnership with David Salter
13th Oct
Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Application to vary, extend or discharge a non-molestation or occupation orderUnder the Family Law Act 1996 (FLA 1996) a non-molestation order is an...
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30th May
tag iconCOVID-19
Practice notes

Notice to show cause applications in family proceedings

Notice to show cause applications in family proceedingsIf one party considers that an agreement has been reached (usually in relation to financial...
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2nd Jun
Q&As

What is the procedure to withdraw an application made on Form C100?

What is the procedure to withdraw an application made on Form C100?Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.4 provides that any...
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2nd Jun
Precedents

Pre-nuptial agreements—client guide

Pre-nuptial agreements—client guideThis document provides general guidance regarding pre-nuptial agreements. Your family lawyer will be able to...
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2nd Jun
Practice notes

Steps to take after a client meeting

Steps to take after a client meetingFile noteA file note (also known as an attendance note) should be prepared immediately after the first interview,...
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30th May
Q&As

Is a divorce petition a public document and can anyone request a copy? If not, is there anything to prevent a party to a divorce from giving copies of the petition to a third party such as an employer?

Is a divorce petition a public document and can anyone request a copy? If not, is there anything to prevent a party to a divorce from giving copies of...
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2nd Jun
Practice notes

Declarations of parentage—procedure

Declarations of parentage—procedureThe procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR...
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30th May
Practice notes

Working with counsel

Working with counselInstructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd
13th Oct
Practice notes

Non-molestation orders

Non-molestation ordersUnder the Family Law Act 1996 (FLA 1996) a non-molestation order is an order prohibiting a person (the respondent) from...
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30th May
tag iconCOVID-19
Practice notes

Reports under section 37 of the Children Act 1989

Reports under section 37 of the Children Act 1989Under section 37 of the Children Act 1989 (ChA 1989), the court has the power to order an...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
13th Oct
Q&As

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with...
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2nd Jun
Practice notes

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being...
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30th May
Q&As

What is the procedure to withdraw a divorce petition that has already been served on the respondent? Will the respondent be notified of any application to withdraw the petition and what does the court take into account in deciding whether the petition should be dismissed?

What is the procedure to withdraw a divorce petition that has already been served on the respondent? Will the respondent be notified of any...
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2nd Jun
Practice notes

Enforcing an order for sale

Enforcing an order for saleThis Practice Note explains when the court can make an order for the sale of property in proceedings under the Matrimonial...
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Produced in partnership with David Salter
13th Oct
Q&As

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed on the basis of their first petition or they do not wish to defend the cross petition. Does the first petitioner need to file an acknowledgment of service of the cross petition or an answer?

If the respondent to a divorce files a cross petition what steps must the first petitioner take if they wish to defend the cross petition and proceed...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
13th Oct

Popular documents

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a

Can shares in a limited company that have not been paid-up at all be cancelled?

Can shares in a limited company that have not been paid-up at all be cancelled?A limited company having a share capital may not alter that share capital, except in the ways listed in section 617 of the Companies Act 2006 (CA 2006). Shares in a company cannot simply be cancelled without following an

Template for regulatory references given by SMCR firms and disclosure requirements

Template for regulatory references given by SMCR firms and disclosure requirements[Insert addressee details]Dear [insert name][It is our understanding that [insert name of prospective employee] [was an employee of yours between the dates of [insert dates as appropriate] OR is a current employee of