Court of Protection

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Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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9th Nov
Practice notes
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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9th Nov
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
9th Nov
Practice notes
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes
The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...
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9th Nov
Practice notes
Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...
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9th Nov
Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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9th Nov
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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9th Nov
Practice notes
A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...
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9th Nov
Practice notes
This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...
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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Court of Protection content

Practice notes
FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 (MC(A)A 2019) received Royal Assent on 16 May 2019. MC(A)A 2019 amends the Mental...
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Produced in partnership with Tim Spencer-Lane 9th Apr
Practice notes
Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that...
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Produced in partnership with Kerry Bornman of 3 Stone Buildings, Erin Hitchens of XXIV Old Buildings and Robert Avis of Charles Russell Speechlys 9th Apr
Practice notes
Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in this Practice...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers. 9th Apr
Practice notes
Note that this Practice Note addresses only English law. Following devolution there are now differences between the English and Welsh rules on many...
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9th Apr
Practice notes
Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution....
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9th Apr
Practice notes
Types of personal injury trustHow to choose between the different types of trustPersonal injury trusts are often considered in the context of the...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 9th Apr
Practice notes
For all those appointed by the Court of Protection to act as a deputy for property and financial affairs or health and welfare, either as a lay deputy...
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Produced in partnership with Patricia Wass, Holly Miéville-Hawkins and Nikki Bedford of Enable Law, part of the Foot Anstey LLP group 9th Apr
Practice notes
The Court of Protection Rules 2017 (COPR 2017), SI 2017/1035 were laid before Parliament on 30 October 2017 and came into force on 1 December 2017....
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9th Apr
Practice notes
New Practice Directions and, in some cases, replacements to the Court of Protection Rules 2007 have been made with effect from 1 July 2015. As a...
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9th Apr
Practice notes
Inheritance tax and personal injury trustsIt is a common misconception among practitioners that using one type of personal injury trust or another...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 9th Apr
Practice notes
The UK’s data protection provisions as from 31 December 2020In the UK from 11pm on 31 December 2020, revised data protection provisions came into...
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Produced in partnership with Craig Ward, of Lundie, of Craybeck Law 9th Apr
Practice notes
Note that this Practice Note does not address specific practice alterations caused by the COVID-19 pandemic. These are addressed in Practice Note:...
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Produced in partnership with Alex Ruck Keene of 39 Essex Street Chambers 9th Apr
Practice notes
The role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental Health Act 1983 in the form of...
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9th Apr
Practice notes
Although the Court of Protection (the court) can make a one-off order in respect of a person who lacks capacity, this is not always the best solution....
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9th Apr
Practice notes
Fees for applications to the Office of the Public GuardianThe fees to be paid in respect of applications, etc to the Office of the Public Guardian...
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9th Apr
Practice notes
IntroductionThe powers of the Court of Protection (the court) are set out in the Mental Capacity Act 2005 (MCA 2005) and the implementation of these...
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9th Apr
Practice notes
Applications to the Court of Protection (the court) are governed by the Court of Protection Rules 2017 (COPR 2017) and the Court of Protection...
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9th Apr
Practice notes
Brexit impact: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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Produced in partnership with Katherine McQuail of Radcliffe Chambers 9th Apr
Practice notes
A fact-finding hearing will be required in some welfare cases in the Court of Protection to resolve contested factual issues in the proceedings.When...
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Produced in partnership with Alex Ruck Keene and Michelle Pratley of 39 Essex Chambers 9th Apr
Practice notes
For certain applications to the Court of Protection (the court), the applicant used to have to obtain permission to apply before they could commence...
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9th Apr

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