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31 March 2023 / Gareth Williams
Issue: 8019 / Categories: Features , Court of Protection , Mental health , CPR
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A changing landscape for protected parties?

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How do the latest amendments to the Civil Procedure Rules impact on children & protected parties? Gareth Williams explains
  • Commentary on the recent proposed changes to the Civil Procedure Rules, and in particular to the implications for children and protected parties under CPR 21.
  • Outlines the need for early consideration by litigators and litigation friends as to how a claimant’s compensation should be settled and subsequently managed.

It is likely that CPR 21.11 won’t be the most exciting or interesting section of the Civil Procedure Rules (CPR) for many, but for Court of Protection and trust lawyers who assist personal injury and medical negligence solicitors regularly, it has more prominence than most.

Back to where we started?

In my early years post-qualification, I was lucky enough to be able to assist the applicant solicitor and be present in the hearing for former leading Court of Protection authority, SM v HM (by the Official Solicitor as her Litigation Friend) [2012] COPLR 187—a case concerning the suitability

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NEWS
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NLJ this week: Renters’ Rights revolution begins—brace for tribunal chaos
he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC
NLJ this week: Civil procedure gets a spring overhaul
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
NLJ this week: Why GP complaints are going nowhere
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
NLJ this week: Prenups meet a jurisdictional brick wall
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
NLJ this week: Has Rylands v Fletcher come back from the dead?
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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