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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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