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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15th Oct
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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12th Oct
Practice notes
Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Oct
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 Oct
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
Practice notes
A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...
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25th Sep
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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25th Sep

Most recent Court of Protection content

Practice notes
IntroductionIt is a sad fact that in many personal injury cases, particularly those involving the most catastrophic injuries, the injured person will...
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25th Sep
Practice notes
The principlesThe decision maker must firstly consider the principles as set out in section 1 of the Mental Capacity Act 2005 (MCA 2005), namely:•the...
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25th Sep
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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25th Sep
Practice notes
SettlementsUnder section 18(1)(h) of the Mental Capacity Act 2005 (MCA 2005), the court has jurisdiction to approve ‘settlement of any of P’s...
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25th Sep
Practice notes
A protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is medical evidence of incapacity. The...
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25th Sep
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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25th Sep
Practice notes
This Practice Note considers when a litigation friend or an accredited legal representative (ALR) or other representative (known collectively as Rule...
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25th Sep
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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25th Sep
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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26th Sep
Precedents
Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...
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26th Sep
Precedents
Case No. [insert][IN THE COURT OF PROTECTION][SITTING AT THE [Insert court] CIVIL JUSTICE CENTRE][IN THE MATTER OF THE MENTAL CAPACITY ACT 2005][IN...
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26th Sep
Practice notes
FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 received Royal Assent on 16 May 2019. This Act amends the Mental Capacity Act 2005,...
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26th Sep
Practice notes
What is a statutory Will?Where a person is incapable of making a valid Will for themselves, the Court of Protection has the power under the Mental...
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26th Sep
Practice notes
Once the application form has been issued, the next step is for copies to be served and to notify the person who lacks capacity (P) and other...
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26th Sep
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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26th Sep
Practice notes
The Court of Protection Rules 2017 (COPR 2017) have the overriding objective of enabling the court to deal with a case justly and at proportionate...
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26th Sep
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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26th Sep
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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26th Sep
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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26th Sep
Practice notes
A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection...
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26th Sep

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