Court of Protection

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Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
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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
Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
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Produced in partnership with Rebecca Dziobon of Penningtons Manches Cooper 19th May
Practice notes
Mesher and Martin ordersThe court may consider it appropriate for one party to remain in a property, with the other party retaining an interest in...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Precedents
Dear [insert organisation][insert case name] [insert case reference number]We enclose our client’s application for decree nisi to be made absolute.The...
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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
Practice notes
Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...
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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
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Practice notes
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 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

Most recent Court of Protection content

Practice notes
The deputyship orderOrder appointing the deputyUnless the application and notification procedure give rise to any queries or objections, and provided...
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18th Aug
Practice notes
Court of Protection—reconsideration and appealsIntroductionThis Practice Note sets out when decisions made by the Court of Protection can be...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 18th Aug
Practice notes
Deprivation of liberty court procedureThis Practice Note covers two forms of court procedure that arise in deprivation of liberty cases:•applications...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 18th Aug
Practice notes
Instructing psychiatrists in the Court of ProtectionNote that this Practice Note does not address specific practice alterations caused by the...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 18th Aug
Practice notes
Costs and expenses in the Court of ProtectionThere are court fees and disbursements which will be payable by all applicants on making a new...
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18th Aug
Practice notes
Changing or ending a deputyshipA protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is...
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Produced in partnership with Thomson Snell & Passmore 18th Aug
Practice notes
Court of Protection—permission to applyFor certain applications to the Court of Protection (the court), the applicant used to have to obtain...
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18th Aug
Practice notes
Public Guardian and Court of Protection fees and fixed costsFees for applications to the Office of the Public GuardianThe fees to be paid in respect...
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18th Aug
Practice notes
Statutory Wills—Court of Protection applicationsWhat is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court...
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18th Aug
Q&As
Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead?Under the Court of Protection Rules 2017...
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Produced in partnership with Graham Stott of gunnercooke LLP 18th Aug
Q&As
Can a Scottish Guardianship Order be used in relation to the sale of a property situated in England?The international jurisdiction of the Court of...
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18th Aug
Q&As
What is the procedure to approve an Israeli order for guardianship in the UK? The protected person lives in Israel but the assets are situated in the...
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18th Aug
Q&As
Where the sister of ‘P’ wishes to apply to the Court of Protection for an order authorising the execution of a statutory Will on behalf of P, does the...
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18th Aug
Q&As
Is it possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK?An application in accordance...
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Produced in partnership with Graham Stott of gunnercooke LLP 18th Aug
Q&As
Where both co-owners of a property have lost mental capacity, what steps need to be taken in order to sell the property?We refer you to COP GN2...
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18th Aug

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