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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
Digital assets on incapacity and deathDigital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should...
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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 16th Aug
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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16th Aug
Practice notes
Data protection obligations for attorneys and deputiesThe UK’s data protection provisions as from 31 December 2020In the UK from 11pm on 31 December...
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Produced in partnership with Craig Ward MSc BA(Hons) MBPsS CertCouns of Craybeck Law 16th Aug
Practice notes
Health and welfare LPAs and deputyships—comparison of attorney and deputy powersFORTHCOMING CHANGE: The Ministry of Justice and the Office of the...
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16th Aug
Practice notes
Funds in court and investments on behalf of a protected personOn the settlement of P's personal injury or clinical negligence case, the deputy must...
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Produced in partnership with Thomson Snell & Passmore 16th Aug
Practice notes
Practical first steps on deputyship appointment—health and welfare deputyThis Practice Note provides a practical guide to the initial steps that a...
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16th Aug
Practice notes
Serious medical treatment cases in the Court of ProtectionMedical treatment of those without capacity to consentGenerally, it is the patient's (P’s)...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 16th Aug
Practice notes
Deputyship—the deputy’s duties and powersDutiesThe duties of court-appointed deputies are set out in the Mental Capacity Act 2005 (MCA 2005) and the...
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16th Aug
Practice notes
The Court of Protection versus personal injury trustsIntroductionIt is a sad fact that in many personal injury cases, particularly those involving the...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug
Practice notes
Summary of changes in Court of Protection Practice Directions, Rules and Forms from 1 July 2015 [Archived]New Practice Directions and, in some cases,...
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16th Aug
Practice notes
Safeguarding and the Court of ProtectionSafeguarding issues frequently underpin or arise in welfare proceedings in the Court of Protection and this...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 16th Aug
Practice notes
Tax and the personal injury trustInheritance tax and personal injury trustsIt is a common misconception among practitioners that using one type of...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug
Practice notes
Claiming social security benefits on behalf of a protected personPart of the deputy’s responsibility is making sure that P is receiving all state...
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Produced in partnership with Thomson Snell & Passmore 16th Aug
Practice notes
The deprivation of liberty safeguardsNote that this Practice Note does not address specific practice alterations caused by the coronavirus (COVID-19)...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 16th Aug
Practice notes
Personal injury trustsTypes of personal injury trustHow to choose between the different types of trustPersonal injury trusts are often considered in...
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Produced in partnership with Phillipa Bruce-Kerr of Harrison Clark Rickerbys 16th Aug
Practice notes
Establishing and managing a care regime for a protected personDeputies appointed in respect of a protected party’s (P’s) property and affairs are...
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Produced in partnership with Thomson Snell & Passmore 15th Aug
Practice notes
Comparison of Court of Protection Rules 2017 and Court of Protection Rules 2007The Court of Protection Rules 2017 (COPR 2017), SI 2017/1035 were laid...
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15th Aug
Practice notes
Independent mental capacity advocatesNote that this Practice Note addresses only English law. Following devolution there are now differences between...
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15th Aug
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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15th Aug
Practice notes
Practical first steps on deputyship appointment—property and affairs deputyThis Practice Note provides a practical guide to the initial steps that a...
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15th Aug

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