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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll