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Court of Protection Practice 2017 (with CD-ROM)

Court of Protection Practice retains its well-established format as the leading court reference work governing this fast-developing jurisdiction.
Print Book + CD
Free delivery for UK
In Stock
ISBN/ISSN: 9781784732516

Product description

Why should you buy Court of Protection Practice

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

Part I - Narrative chapters: 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

Part II - Procedural Guides: New Guide on applications to remove deputies now included

Part VII - Forms: New form DoL10 for Re X applications

Part VIII - Precedents: New precedents - Order: Case Management Pilot: Property and Affairs Pathway; Order: Case Management Pilot: Health and Welfare Pathway; Order in a hoarding case

Part IX - Cases: Fully updated to include latest case law


Annabel Lee, 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; Martin Terrell, Partner, Thomson Snell & Passmore

International Contributors: Richard Frimston, 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; Laurence Oates, Official Solicitor to the Supreme Court 1999–2006

Featured authors

Table of contents

  • 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