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06 January 2011 / Ed Mitchell
Issue: 7447 / Categories: Features , Community care
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Protecting the vulnerable

Ed Mitchell provides an update from the Court of Protection

Under Rule 157 of the Court of Protection Rules, the general rule in personal welfare proceedings is that there shall be no order as to costs. Rule 159 provides that the general rule may be departed from where “the circumstances so justify” and goes on to list factors that are to be taken into account in deciding if departure is justified. The factors include the conduct of the parties. Two recent decisions provide examples of when it may be permissible to depart from the general rule and make a costs order against a party.

In the Matter of RC (Deceased) (Case no 11639140) was a decision of Judge Lush, the senior judge of the Court of Protection. The ruling will be of particular interest to local authorities involved in disputes with the relatives of vulnerable adults about how they should be cared for. If such disputes are resolved by way of Court of Protection proceedings, significant resources can be expended and so the authority

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Signature Litigation—Catherine Naylor

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Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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