‘When a court appoints a person, S, to act as a deputy for a protected party, P, it can require S “to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions”. In practice, a court will almost always require S to provide security where (s)he will be managing P’s property and affairs. The purpose of the security is not to punish S, but instead to provide a “speedy and effective remedy” for P if S later defaults. Carefully crafted rules set out how S must provide the security, when S may start to execute their duties and how the Public Guardian can confirm that adequate security has been obtained.’
Radcliffe Chambers, 4th February 2019
Source: www.radcliffechambers.com
‘A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.’
Daily Telegraph, 18th October 2018
Source: www.telegraph.co.uk
‘Desperate parents are persuading less senior judges to transfer Court of Protection cases higher to force public authorities to act – a practice that the former president of the family division finds ‘deeply troubling’.’
Law Society's Gazette, 16th October 2018
Source: www.lawgazette.co.uk
‘The Supreme Court is due to rule on whether it should be easier to withdraw food and liquid to allow people in long-term vegetative states to die.’
BBC News, 30th July 2018
Source: www.bbc.co.uk
‘Private Client analysis: Alex Ruck Keene, barrister, of 39 Essex Chambers, examines the decision of the Court of Protection in Re AB [2016] EWCOP 66 to approve deceiving a person lacking mental capacity in order to administer her medication.’
Family Law, 19th April 2018
Source: www.familylaw.co.uk
‘Judith Pepper, barrister of 4 Brick Court, examines in the first of two articles the development of the law in relation to forced marriage and the protective remedies available for children and young people, focusing on the protective measures available by utilising the inherent jurisdiction of the court.’
Family Law Week, 8th April 2018
Source: www.familylawweek.co.uk
‘Trust corporations wanting to act as property and affairs deputies for incapacitated people must be regulated by the Solicitors Regulation Authority (SRA) to gain immediate approval, the Court of Protection (CoP) has ruled.’
Legal Futures, 12th February 2018
Source: www.legalfutures.co.uk
‘As of 1 December 2017, the Court of Protection Rules 2017 come into force. The Rules are now in the same format as the Civil Procedure and Family Procedure Rules. The new-look Court of Protection Rules will also incorporate those rules relating to case management which have, since September 2016, been implemented by way of the Case Management Pilot. The Practice Directions supporting the 2007 Rules are replaced by the package of new Practice Directions supporting the 2017 Rules.’
Courts and Tribunals Judiciary, 23rd November 2017
Source: www.judiciary.gov.uk
‘Rosalind English discusses a recent ruling in the Court of Protection which gives a patient, who is lacking capacity, the right to seek out experimental medical treatment.’
Law Pod UK, 10th November 2017
Source: audioboom.com
‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’
Byrom Street Chambers, 26th September 2017
Source: www.byromstreet.com
‘The cost to public authorities of welfare litigation in the Court of Protection “may have a chilling effect on their willingness to refer disputes to court where appropriate”, researchers have said.’
Local Government Lawyer, 5th October 2017
Source: localgovernmentlawyer.co.uk
‘A judge has made a landmark ruling that legal permission will no longer be required by a court before life-supporting treatment is withdrawn from patients suffering from severely debilitating illnesses, lawyers say.’
Daily Telegraph, 21st September 2017
Source: www.telegraph.co.uk
‘A muslim man with severe learning difficulties need not observe the Ramadan fast or be shaved in accordance with religious practice, a Court of Protection judge has ruled.’
Local Government Lawyer, 15th June 2017
Source: localgovernmentlawyer.co.uk
‘A woman has asked a judge to give doctors permission to stop providing life-support treatment to her severely ill daughter.’
The Guardian, 29th May 2017
Source: www.theguardian.com
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