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
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
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
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
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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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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27th Sep
Practice notes
Hague Convention XXXV on the International Protection of Vulnerable AdultsThe Hague Convention XXXV on the International Protection of Vulnerable...
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27th Sep
Q&As
A deputy holds power on behalf of a protected person (someone who is not capable of managing their own affairs) pursuant to an order of the Court of...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
A solicitor has a common law duty to keep his or her client’s affairs confidential. This extends to the contents of the Will and the instructions...
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Produced in partnership with Adam Draper of Shoosmiths 28th Sep
Q&As
Where a party lacks capacity, family proceedings are subject to the provisions of Part 15 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955...
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28th Sep
Q&As
We have assumed that the protected party is an adult.The rules relating to remissions and part remissions of Court of Protection fees are set out in...
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28th Sep
Q&As
This Q&A covers the position where the sale of the property would be non-contentious.When applying for an order from the Court of Protection to...
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28th Sep
Q&As
See the Law Society Practice Note: Access and disclosure of an incapacitated person’s will, which contains detailed guidance on this Q&A.In...
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28th Sep
Q&As
Severing a joint tenancySection 36(2) of the Law of Property Act 1925 (LPA 1925) allows one joint owner to serve a written notice on the other joint...
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28th Sep
Q&As
Deprivation of liberty proceedingsFor information on how to challenge an order restricting someone's freedom or to have the deprivation of P’s liberty...
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28th Sep
Q&As
We are not aware of any other checklists provided for deputies other than the Professional deputy standards checklist referenced in this Q&A.H...
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28th Sep

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