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This popular major work, available as a print or online subscription, provides a detailed and authoritative guide to the enhanced jurisdiction with a similar style and format to The Family Court Practice
and Civil Court Service
Written by a team of lawyers involved in the implementation of the Mental Capacity Act 2005, Court of Protection Practice
provides valuable procedural guidance for all judges hearing cases in the Court of Protection.
The Court of Protection Practice
retains its well-established format as the leading court reference work governing this fast-developing jurisdiction, with a status akin to its sister publication The Red Book. This new edition has been further enhanced and updated throughout, thus ensuring that practitioners have all the latest developments at their fingertips.What’s New for 2017?
Part I – Narrative chapters
Part II – Procedural Guides
- Chapter 1 (Background): Significantly updated to make greater reference to the Convention on the Rights of Persons with Disabilities (CRPD) and its implications. This Chapter also now includes sections on NHS health care and the role it plays in offering services for older/infirm people; civil partnerships and same sex marriage.
- Chapter 2 (Mental Capacity Jurisdiction): Re-written to reflect the latest legal developments.
- Chapter 3 (Lasting Powers of Attorney): Significantly updated commentary in respect of enduring and lasting powers of attorney.
- Chapter 4 (Deputyship for Property and Affairs): A completely new chapter relating to the appointment of a deputy.
- Chapter 7: (Deprivation of Liberty): Re-structured to include further discussion of court practice and procedure in deprivation of liberty cases.
New Guide on applications to remove deputies now included.Part VII – Forms
New form DoL10 for Re X
applications.Part VIII – Precedents
Part IX – Cases
- Order: Case Management Pilot: Property and Affairs Pathway
- Order: Case Management Pilot: Health and Welfare Pathway
- Order in a hoarding case
Fully updated to include latest case-law.
As the jurisdiction evolves, it is vital for practitioners to have up-to-date information in order to act efficiently and accurately for clients.
- Text – based on Mental Capacity: Law and Practice (Jordan Publishing), which provides an entry point into the book
- Legislation – all relevant primary and secondary legislation appropriately annotated including:
- Mental Capacity Act 2005 (as amended)
- Court of Protection Rules 2007
- Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007
- Mental Capacity Act 2005 (Transfer of Proceedings) Order 2007
- Practice Directions, including the new Transparency Pilot Practice Direction and the Pilot Practice Directions on Case Management and Section 49 Reports.
- Codes of Practice
- Procedural Guides – outlining the steps for making various court applications including:
- Application to register an enduring power of attorney
- Application to register a lasting power of attorney
- Application for appointment of a deputy relating to property and financial affairs
- Application relating to personal welfare matters
- Proceedings in the High Court or a County Court involving a protected party
- Resolving doubt about capacity under CPR 1998
- Forms with Guidance Notes – covering the Court of Protection, Lasting Powers of Attorney and Enduring Powers of Attorney
- Precedent Orders – drafts that practitioners are encouraged to submit to the Court during case management, including the new Transparency Pilot Order
- First Instance Case Summaries – summarising how the law is being interpreted and indicating areas of difficulty
- International Dimension – information regarding relevant procedures etc in other countries
- Other Materials – including all of the latest Public Guardian Practice Notes
- Useful Information – websites, address details etc
"The definitive work in a difficult area of law ... easy to use"Phillip Taylor and Elizabeth Taylor of Richmond Green ChambersRead the full reviewReviews of the previous editions"an essential volume ... 'essential for every judge and practitioner in the Court of Protection.' ... wealth of new material"Click here for the full reviewPhillip Taylor and Elizabeth Taylor of Richmond Green Chambers"This is the essential up-to-date guide to its enlarged jurisdiction....provides all relevant statutory material in this area, together with new material for 2012....the book offers any amount of resources for further research....if you're a practitioner in this or related fields, the book and the accompanying CD ROM can only enhance your understanding of and expertise within this complex and sensitive area of law"Click here for the full review
Phillip Taylor and Elizabeth Taylor of Richmond Green Chambers"a useful purchase for someone who regularly appears in the Court of Protection, for the sheer convenience of the collation of the relevant legislation, court forms and supporting documentation"Law Society PS Magazine"a detailed and authoritative guide to judges as well as practitioners...a must-have purchase if you practice in this difficult area of law"Click here for the full reviewPhillip Taylor MBE
Reader Comments"I have been using this since it was first published. It contains a mine of useful and essential information; I refer to it regularly. It sits on my desk for every application before me - it is as useful as The Family Court Practice - I can think of no higher praise."HHJ Martin Cardinal, Nominated Judge of the Court of Protection
“offering additional and valuable insight … indispensible … a full armoury in one place – a comment with which we cannot help but agree … invaluable”Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers"fabulous contents ... essential ... extremely useful ... remains reasonably priced for what you gain ... well put together ... essential for practitioners ... a must for any library ... simply superb."Penny Booth, Honorary Research Fellow at Liverpool University
"I wanted to let you know how useful I have found the book 'Court of Protection Practice' by Ashton and others, It contains a really useful collection of primary source materials and the commentary is excellent. I particularly appreciate the way that the authors have provided a detailed history of the various matters covered in the text ... The book really is very good. It's a 'must have' work for anyone who does either finance and property or health and welfare work and is advising clients about C of P issues. I shall look forward to seeing the new edition in February 2015."Glenn Campbell, Deans Court
Preface to the First Edition
Some 20 years ago the Law Society’s Mental Health Sub-Committee drew attention to the legal vacuum in which people who lacked mental capacity were obliged to exist. This provoked the Law Commission to take the topic on board and, after several years of consultation, recommendations were made for a statutory mental incapacity jurisdiction. Different governments then pursued further consultation whilst lacking the will to introduce legislation, but pressures to do so became overwhelming with the introduction of community care policies, disability discrimination laws and ultimately human rights legislation.
The Mental Capacity Act 2005 is the result, but a consequence of the changed climate is that it must meet higher standards than were expected when the need was first identified.
In addition to making provision for delegated decision-making and setting out the principles to be applied for assessment of capacity and a best interests approach, the Act establishes a new Court of Protection, with nominated judges and a regional presence.
As a contributor on disability issues to Jordans The Family Court Practice the ‘Red Book’) and Civil Court Service (the ‘Brown Book’), I perceived the need for a similar volume for those who practice in the new Court of Protection. So with the small team of ‘experts’ who wrote Mental Capacity: The New Law as an introduction to this legislation, and joined by District Judge Marc Marin who sits in the Court of Protection at Archway, we have launched this further volume with the support of Jordans. In addition to the updated chapters from our previous work, it contains the Act, Regulations, Court Rules and Practice Directions (with our annotations where appropriate), together with the Code of Practice, Lasting Power of Attorney and Court Forms and some Procedural Guides. We hope that the Court of Protection Practice 2009 will assist in the development and growth of this new jurisdiction and provide in a single handy volume all that those who work in or appear before the Court routinely need to accomplish their roles.
I wish to thank my co-authors for their dedicated contributions, each being highly experienced in the topics that they have covered.We have endeavoured to state the law as at 1 February 2009 whilst anticipating prospective changes coming into effect in April 2009. But this is an evolving area with new Lasting Power of Attorney forms, changes to the supervisory regime and a review of the working of the Rules all expected in 2009. It is hoped that, once this work is established, it will be updated at intervals so as to remain a reliable practice book, perhaps also identified by its colour!
Gordon R Ashton
Foreword to the 2015 Edition by Sir James Munby, President of the Court of Protection
Court of Protection Practice goes from strength to strength, having worthily achieved in relation to the Court of Protection the same dominating position as its stable mate, The Family Court Practice, in relation to the Family Court.
In his Foreword to the First Edition, Sir Mark Potter P predicted that it would become an essential volume for those who work in or appear before the Court of Protection. He was of course correct, for Court of Protection Practice has indeed become essential for every judge and practitioner in the Court of Protection.
It was in Sir Mark’s time as President that Charles J and Proudman J produced a report on the Court of Protection which, welcomed by everyone involved with the Court, spent far too long gathering dust. Now at last things are happening. An ad hoc Court of Protection Rules Committee, chaired by Charles J, the Vice Presidentof the Court of Protection, is at work, with visible results.
2014 was dominated not just by the long-awaited decision of the Supreme Court in the Cheshire West case but also by the need to grapple with the procedural implications of thatdecision for the Court of Protection. The new ‘streamlined’ process for dealingwith deprivation of liberty cases is now up and running, facilitated by the welcome recruitment from the Tribunals judiciary of additional judicial assistance for such cases.
2015 will, no doubt, see further change directed to improving the procedures of the Court of Protection. The ad hoc Courtof Protection Rules Committee has much to do and is working as fast as possible.
For too long now, justified criticisms have beenbuilding up about the way in which the Court of Protection manages cases involving personal welfare, in particular in the heavier cases. Two things need to be done.
The first, long recommended by Charles J, is the regionalisation of such work, so that cases can be heard more locally, more quickly and, unless the case requires to be heard by a judge of the High Court, by the local judge best suited for the particular case.
The second is what has emerged as the pressing need to adopt in the Court of Protection in cases involving personal welfarethe techniques which have proved so successful in the Family Court in cases involving children: the allocation of the case, wherever possible, to a single judge; and the robust and vigorous case management of the case by that judge in accordance with a timetable fixed by the judge at the outset and, in the light of the issues identified by the judge at a case management hearing, listed within days of the proceedings commencing. At the same time, and again in the same kind of way as has proved so successful in the Family Court, ways must be found to control the over-ready recourse to over-detailed and on occasion sunduly prolix expert evidence. The effects in the Family Court have beenstriking, not least the astonishing reductions in the times such cases take before reaching finality. The same, I have no doubt, must and can be achieved in the Court of Protection.
All these ongoing developments have been expertly captured in the 2015 Court of Protection Practice as they will be, I am sure, in the future annual editions of this invaluable work.
Sir James Munby
President of the Court of Protection
Barrister, 39 Essex Chambers
District Judge Marc Marin
Nominated Judge of the Court of Protection
The Family Court and the County Court at Barnet and First Avenue House
Claire van Overdijk
Barrister, No 5 Chambers
LLM teaching fellow, Faculty of Laws, University College London
Alex Ruck Keene
Barrister, 39 Essex Chambers
Honorary Research Lecturer at the University of Manchester
Visiting Research Fellow at the Dickson Poon School of Law, Kings College London
Partner, Thomson Snell & Passmore
Partner, Russell-Cooke LLP
Adrian D Ward MBE
Partner, TC Young LLP, Scotland
Past Contributors:Penny Letts, OBE
Policy Consultant, former editor of the Elder Law Journal
Official Solicitor to the Supreme Court 1999–2006
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