header-logo header-logo

Protecting the vulnerable

06 January 2011 / Ed Mitchell
Issue: 7447 / Categories: Features , Community care
printer mail-detail

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

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll