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02 August 2018 / Emma Sutton
Issue: 7804 / Categories: Features , Profession , Wills & Probate
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Agreeing a better way forward

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Emma Sutton puts the case for the benefits of early settlement in the Court of Protection

  • Delays in listing a case can cause matters to ‘fester’ and the issues in dispute to significantly (and unnecessarily) increase.

The Court of Protection continues to experience a substantial increase in the volume of applications made. Remarkably, between January and March 2018, 8,089 applications and 10,262 orders were made which was the highest quarterly volume seen since the recording of such statistics began.

Unless a case is urgent, parties will often have to wait a significant time for a listing. Although delays clearly reflect the reality of the pressures on the system, there are emotional costs in addition to the financial implications of litigation. In the writer’s experience, delays in listing a case can cause matters to ‘fester’ and the issues in dispute to significantly (and unnecessarily) increase.

Mediation should be at the heart of the Mental Capacity Act 2005, yet it is noticeably underused. Under the Act and the Court of Protection Rules 2017

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The 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

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
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
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
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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