Court of Protection

View Family by content type:

Latest Family News

Featured Family content

Practice notes
Occupation ordersCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the...
Read More >
19th May
Practice notes
Applications under the Protection from Harassment Act 1997Coronavirus (COVID-19): Guidance has been issued, including by HMCTS, regarding proceedings...
Read More >
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...
Read More >
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...
Read More >
19th May
Practice notes
Pensions and judicial separationOn proceedings for judicial separation the court has the power to redistribute the benefits derived from pension...
Read More >
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...
Read More >
19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
Read More >
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...
Read More >
19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
Read More >
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...
Read More >
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,...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
19th May

Most recent Court of Protection content

Q&As
Can a claimant who lacks capacity have the damages paid into a Personal Injury trust rather than a deputyship?Where an individual is in receipt of...
Read More >
15th Aug
Q&As
Does a personal injury bare trust preserve a person's entitlement to benefits or protect the lump sum award being taken into account for means-tested...
Read More >
Produced in partnership with Rosalind Hamlyn of Thomson Snell and Passmore LLP 15th Aug
Q&As
What is the procedure where a person who lacks capacity wishes to sell property that they co-own with another person?We assume that the co-owner also...
Read More >
15th Aug
Q&As
Will the Court of Protection ordinarily grant authority to sell a jointly held property when appointing a deputy or are there any other requirements...
Read More >
15th Aug
Q&As
Can a financial affairs deputy act as a Rule 3A representative in a deprivation of liberty application in the Court of Protection?Deprivation of...
Read More >
15th Aug
Q&As
I have a hearing coming up in the Court of Protection. Is it possible for this hearing to proceed as a telephone hearing?The Vice-President of the...
Read More >
15th Aug
Q&As
Does the restriction in section 36(9) of the Trustee Act 1925 (TA 1925) (requiring the Court of Protection’s approval before an incapacitated trustee...
Read More >
Produced in partnership with Graham Stott of 3 Paper Buildings 15th Aug
Q&As
How does the Court of Protection fix costs for applications for the appointment of a deputy for health and welfare?The rules governing costs in the...
Read More >
15th Aug
Q&As
What is the process for paying a sum due to a residuary beneficiary into the Court Funds Office?Payments to the Court Funds Office should be made in...
Read More >
15th Aug
Q&As
If a residential tenant lacks mental capacity, how should a landlord serve a valid notice to quit or notice seeking possession on that tenant?Under...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug
Q&As
Would an applicant who is a debtor under an IVA be prevented from being appointed as a deputy for property and financial affairs?Assessing the...
Read More >
15th Aug

Popular documents