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Court of Protection Practice (with CD-ROM) 2021

Book + CD
In Stock
Published: March 30, 2021
ISBN/ISSN: 9781784734718

Product description

Why should you buy Court of Protection Practice 2021 (with CD-ROM) 

This popular major work provides a detailed and authoritative guide to the enhanced jurisdiction with a similar style and format to The Family Court Practice and Civil Court Service.

Written by a team of lawyers involved in the implementation of the Mental Capacity Act 2005, Court of Protection Practice provides valuable procedural guidance for all judges hearing cases in the Court of Protection.

The Court of Protection Practice retains its well-established format as the leading court reference work governing this fast-developing jurisdiction, with a status akin to its sister publication The Red Book. This new edition has been further enhanced and updated throughout, thus ensuring that practitioners have all the latest developments at their fingertips.

What’s New for 2021?

  • Detailed analysis and practical guidance on all recent case law and procedural developments
  • Fully revised chapter on Medical Decision-Making and Treatment
  • Commentary on the implications for the Court of Protection of the UK’s final departure from the EU
  • The latest case summaries
  • Updated case management orders

As the jurisdiction evolves, it is vital for practitioners to have up-to-date information in order to act efficiently and accurately for clients.

Editors and Contributors

Consulting Editor: Gordon R Ashton OBE, Retired District Judge and Nominated Judge of the Court of Protection

General Editor: The Rt Hon Lord Justice Baker

Senior Contributing Editor: His Honour Judge Marc Marin, London Group of Family Courts and Nominated Judge of the Court of Protection

Contributors: James Beck, Healthcare and Welfare Lawyer, Office of the Official Solicitor and Public Trustee; Annabel Lee, Barrister, 39 Essex Chambers; Claire van Overdijk, Barrister, Outer Temple Chambers; Alex Ruck Keene, Barrister, 39 Essex Chambers; Wellcome Research Fellow and Visiting Professor at Kings College London; Research Affiliate, University of Essex; Dr Lucy Series, Wellcome Senior Research Fellow and Lecturer in Law, School of Law and Politics, Cardiff University; Martin Terrell, Partner, Warners Solicitors

International Contributors: Adrian D Ward MBE, Enrolled solicitor, Expert Adviser, Centre for Mental Health and Capacity Law, Edinburgh, Napier University; Research Affiliate, Essex Autonomy Project

Past Contributors: Richard Frimston, Consultant, Russell-Cooke LLP; Penny Letts, OBE, Policy Consultant, former editor of the Elder Law Journal; Laurence Oates, Official Solicitor to the Supreme Court 1999–2006


Featured Authors

Table of contents

  • Text – based on Mental Capacity: Law and Practice (Jordan Publishing), which provides an entry point into the book
  • Legislation – all relevant primary and secondary legislation appropriately annotated including:
    • Mental Capacity Act 2005 (as amended)
    • Court of Protection Rules 2007
    • Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
    • Mental Capacity Act 2005 (Transfer of Proceedings) Order 2007
    • Practice Directions, including the new Transparency Pilot Practice Direction and the Pilot Practice Directions on Case Management and Section 49 Reports
    • Codes of Practice

  • Procedural Guides – outlining the steps for making various court applications including:
    • Application to register an enduring power of attorney
    • Application to register a lasting power of attorney
    • Application for appointment of a deputy relating to property and financial affairs
    • Application relating to personal welfare matters
    • Proceedings in the High Court or a County Court involving a protected party
    • Resolving doubt about capacity under CPR 1998

    • Forms with Guidance Notes – covering the Court of Protection, Lasting Powers of Attorney and Enduring Powers of Attorney
    • Precedent Orders – drafts that practitioners are encouraged to submit to the Court during case management, including the new Transparency Pilot Order
    • First Instance Case Summaries – summarising how the law is being interpreted and indicating areas of difficulty
    • International Dimension – information regarding relevant procedures etc in other countries
    • Other Materials – including all of the latest Public Guardian Practice Notes
    • Useful Information – websites, address details etc