Court of Protection

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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 9th Nov
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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9th Nov
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 Nov
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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9th Nov
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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9th Nov
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 Nov
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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9th Nov
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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9th Nov
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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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 9th Nov
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 Nov
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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9th Nov
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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9th Nov
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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9th Nov
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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9th Nov
Practice notes
This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...
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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Court of Protection content

Q&As
In answering this Q&A, we refer you to Practice Note: International issues relating to the protection of vulnerable adults, which sets out in detail...
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29th Nov
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...
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29th Nov
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...
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29th Nov
Q&As
The rules governing costs in the Court of Protection differ for property and affairs, and health and welfare applications.The general rule applying to...
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29th Nov
Q&As
The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance on visits to protected persons by judges and practitioners...
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29th Nov
Q&As
The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance for judges and practitioners offering practical solutions to...
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29th Nov
Q&As
I have recently been appointed as Court of Protection Deputy for property and financial affairs for an elderly client and have discovered that he does...
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29th Nov
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 29th Nov
Q&As
This Q&A is relevant to a situation in which the person lacking capacity has an attorney or deputy who is authorised to serve/receive the notice on...
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29th Nov
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 Nov
Practice notes
Order appointing the deputyUnless the application and notification procedure give rise to any queries or objections, and provided at least 14 days...
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6th Oct
Q&As
A living injured claimant who has received agreed damages or a court award, whether by way of interim payment or final compensation, may enter into a...
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Produced in partnership with Andrew Wilson 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
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
Deputies appointed in respect of a protected party’s (P’s) property and affairs are frequently involved in the establishment of a care regime.Although...
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25th Sep
Practice notes
FORTHCOMING CHANGE: The Mental Capacity (Amendment) Act 2019 (MC(A)A 2019) received Royal Assent on 16 May 2019. MC(A)A 2019 amends the Mental...
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25th Sep

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