Court of Protection

View Family by content type:

Featured Family content

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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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....
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
26th Sep
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
Read More >
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...
Read More >
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...
Read More >
25th Sep

Most recent Court of Protection content

Q&As
The international jurisdiction of the Court of Protection is governed by Schedule 3, Part 2 of the Mental Capacity Act 2005 (MCA 2005). The UK is a...
Read More >
28th Sep
Q&As
The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance for judges and practitioners offering practical solutions to...
Read More >
28th Sep
Q&As
The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance for judges and practitioners offering practical solutions to...
Read More >
28th Sep
Q&As
Practice Note: Severance of a joint tenancy sets out the various ways in which severance can occur (including severance by statutory written notice...
Read More >
28th Sep
Q&As
A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of...
Read More >
Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
An application in accordance with the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, 23.4, which provides that the application is to be...
Read More >
Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
Testamentary capacity required to make a WillIn order to make a valid Will, the testator must satisfy a capacity test on two separate occasions:•when...
Read More >
28th Sep
Q&As
All references to the Court of Protection Rules 2007 (COPR 2007), SI 2007/1744 in this Q&A are to COPR 2007 as amended by the Court of Protection...
Read More >
Produced in partnership with Tim Spencer-Lane 28th Sep
Q&As
Practice Note: The deputyship order explains that, since the introduction of the Mental Capacity Act 2005 (MCA 2005), deputyship orders are in most...
Read More >
28th Sep
Q&As
Under section 1 of the Mental Capacity Act 2005 (MCA 2005) there is a presumption that a person has capacity unless proved otherwise. The test as set...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
Q&As
Where an investment is held by two people as joint tenants, on the death of one of the parties, the investment passes to the survivor absolutely.If...
Read More >
Produced in partnership with Catherine Fuller of Thomson Snell & Passmore LLP 28th Sep
Q&As
The incapacitated person's family would not have a cause of action against the contractor—the deputy must bring the claim on behalf of the...
Read More >
Produced in partnership with Graham Stott of 3 PB Barristers 28th Sep
Q&As
Powers to appoint new trusteesThere are various statutory provisions applicable to the appointment of new trustees:•section 36(1) of the Trustee Act...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 28th Sep
Q&As
In answering this Q&A, we have assumed that by the Court of Protection’s ‘approved professional list’ the Q&A is referring to the Court of...
Read More >
28th Sep
Q&As
We assume that the co-owner also wishes to sell the property.For information on the level of capacity required to sell a property, see Practice Note:...
Read More >
28th Sep
Q&As
Duties of court-appointed deputiesThe duties of a court-appointed deputy are set out in:•the Mental Capacity Act 2005 (MCA 2005)•the Mental Capacity...
Read More >
28th Sep

Popular documents