Court of Protection

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Practice notes
The no order principleThis Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains...
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19th May
Q&As
What is the procedure to enforce a penal notice attached to an order as to the filing of a Form E?The first step is to ensure that the penal notice is...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 19th May
Practice notes
The meaning and scope of parental responsibilityDefinitionParental responsibility is concerned with the care and upbringing of a child until they grow...
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19th May
Practice notes
The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...
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Produced in partnership with David Gallagher of Fieldfisher 19th May
Practice notes
Filing the divorce petition and supporting documentsThis Practice Note explains what documents must be filed with the petition when commencing...
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19th May
Practice notes
Child Arrangements Programme—the procedure for section 8 applicationsCoronavirus (COVID-19): Guidance has been issued, including by the President of...
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19th May
Practice notes
DesertionThe Family Procedure Rules 2010, SI 2010/2955 (FPR 2010) have introduced a change in the terminology in divorce proceedings. There are...
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19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
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19th May
Practice notes
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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19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Q&As
Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
General principles—lump sum ordersThis Practice Note sets out the general principles to be applied by the court when considering whether to make a...
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19th May
Practice notes
Standard orders—general principles11pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following...
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19th May
Practice notes
Undefended divorce proceedingsOnline divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public...
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19th May
Practice notes
Application to vary, extend or discharge a non-molestation or occupation orderCoronavirus (COVID-19): Guidance has been issued, including by the...
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19th May

Most recent Court of Protection content

Practice notes
Court of Protection case tracker—2021Southwark London Borough Council v P (by her litigation friend, the Official Solicitor) and others [2021] EWCOP...
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27th Jul
Q&As
Does the restriction in section 36(9) of the Trustee Act 1925 (TA 1925) (requiring the Court of Protection’s approval before an incapacitated trustee...
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Produced in partnership with Graham Stott of 3 Paper Buildings 20th Jul
Practice notes
Jointly owned property and loss of capacity Q&AsThis Practice Note aims to guide practitioners to Q&As covering the rules and procedure that apply in...
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15th Jul
Practice notes
Court of Protection VisitorsThe role of the Court of Protection Visitor is a long-standing one, which operated under the jurisdiction of the Mental...
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2nd Jul
Practice notes
The Public GuardianThe Public Guardian is a statutory office-holder and an appointee of the Lord Chancellor. The holder of the role of Public Guardian...
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1st Jul
Practice notes
Litigation friends and Rule 1.2 representatives in the Court of ProtectionThis Practice Note considers when a litigation friend or an accredited legal...
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8th Jun
Q&As
Are you able to vary a statutory Will through a deed of variation?We refer you to Practice Note: Statutory Wills—Court of Protection applications,...
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7th Jun
Q&As
Should Court of Protection deputies still be visiting their protected persons during the coronavirus (COVID-19) pandemic?The Vice-President of the...
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6th Jun
Q&As
Does a deputy have the authority to enter into pre-action correspondence on behalf of a patient without being appointed a litigation friend?This Q&A...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 6th Jun
Q&As
What happens where an individual lacking capacity is not happy with the professional deputy proposed by their family?See Practice Note: Choosing the...
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6th Jun
Q&As
Having already applied to the Court of Protection to appoint a deputy, is there a further application that needs to be made to allow for the sale of...
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6th Jun
Q&As
Do you have a Precedent clause for inclusion in a TR1 (transfer of registered land) where one of the sellers is a court deputy acting pursuant to a...
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6th Jun
Q&As
Can a deputy make a Will on behalf of P and if not, what is the jurisdiction of the Court of Protection and the relevant procedure for a Statutory...
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6th Jun

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