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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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MOVERS & SHAKERS

Womble Bond Dickinson—Paula Myers

Womble Bond Dickinson—Paula Myers

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mfg Solicitors—five promotions

mfg Solicitors—five promotions

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Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Calls to raise the age of criminal responsibility from 10 to 14 have been renewed, with the Bar Council arguing the current threshold criminalises children too early and risks pushing them towards lifelong offending
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
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