header-logo header-logo

24 February 2011 / Malcolm Skinner
Issue: 7454 / Categories: Features , LexisPSL
printer mail-detail

Out with the old?

Court of Protection Rules—a new start, asks Malcolm Skinner

The Court of Protection Rules Committee (set up in December 2009 to undertake a review of the 2007 Rules and the practice and directions that supplemented them) reported on 29 July 2010 and its recommendations were accepted by the president of the Court of Protection. The proposals were directed at speeding up the processes and making the non-contentious cases that came before the court less time-consuming and easier to conclude.

There were five main recommendations, essentially dealing with the practice and procedure of the court. It was accepted that the setting up of the new court by the Mental Capacity Act 2005 was a radical departure from the old jurisdiction arrangements where the patient’s property and affairs were dealt with by the old Court of Protection and their health and welfare by the High Court.

The divergence of practice and procedure between the courts was understandable but did not sit easily with either the transfer of the issues of both property and welfare to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll