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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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