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Court of Protection Practice (with CD-ROM) 2018

A comprehensive one-stop-shop containing everything a practitioner needs to know about the Court of Protection and the new Rules
Book + CD
In Stock
ISBN/ISSN: 9781784733728

Product description

Why should you buy Court of Protection Practice 2018 (with CD-ROM) 

Read the introduction written by the new General Editor: The Hon Mr Justice Jonathan Baker, where he discusses his introduction to the work of the Court of Protection, and how useful he found the expert guidance contained in the Court of Protection Practice in getting to grips with cases concerning the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards.

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. It contains, in a single portable volume, all the essential materials needed to practice in the Court of Protection (ie Narrative, Procedural Guides, Mental Capacity Act 2005, Procedure Rules, SIs, Forms, Precedents, Case Summaries, International materials), thus providing a comprehensive ‘one-stop-shop which ensures that practitioners have all the latest developments at their fingertips.

This new edition has been further enhanced and updated throughout to take account of the reissued Court of Protection Rules which took effect in December 2017 and thereby recast all of the Rules into the same format as the Civil Procedure and Family Procedure Rules. The new-look Court of Protection Rules also incorporate those rules relating to case management which have hitherto been implemented by way of the Case Management Pilot. Accompanying, renumbered, Practice Directions also cement into the practice of the Court the Transparency Pilot and the Section 49 Report Pilot.

As the jurisdiction evolves, it is vital for practitioners to have up-to-date information in order to act efficiently and accurately for clients.

What’s New for 2018

      • Part I – Narrative Chapters:
        • Chapter 7 (Deprivation of Liberty) — Updated to include coverage of the Law Commission Recommendations
        • Chapter 8 (Court Practice and Procedure) — Extensive amendment pursuant to new Court of Protection Rules
        • Chapter 10 (Representation and Participation of P) — Completely new chapter on this important topic
        • Chapter 12 (International protection of Adults) — Extensively updated with a new “Ordinary Residence” section added
      • Part II Procedural Guides
        • New flowcharts on mixed pathways; P and A pathways and Welfare pathways added
      • Part IV – COP Rules and PDs
        • New rules with comprehensively updated commentary
      • Part IX – Cases
        • Fully updated to include latest case-law

Editors and Contributors

Consulting Editor: Gordon R Ashton OBE, Retired District Judge and Nominated Judge of the Court of Protection

General Editor: The Hon Mr Justice Baker

Senior Contributing Editor: District Judge Marc Marin, Nominated Judge of the Court of Protection, The Family Court and the County Court at Barnet and First Avenue House

Contributors: James Beck, Senior Solicitor, Office of the Official Solicitor and Public Trustee; Annabel Lee, Barrister, 39 Essex Chambers; Claire van Overdijk, Barrister, Outer Temple 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, Wellcome Research Fellow and Visiting Lecturer at Kings College London; Dr Lucy Series, Research Associate, School of Law and Politics, Cardiff University; Martin Terrell, Partner, Thomson Snell & Passmore

International Contributors: Richard Frimston, Partner, Russell-Cooke LLP; Adrian D Ward MBE, Enrolled solicitor, Expert Adviser, Centre for Mental Health and Capacity Law, Edinburgh, Napier University; Research Affiliate, Essex Autonomy Project

Past Contributors: Penny Letts, OBE, Policy Consultant, former editor of the Elder Law Journal; Laurence Oates, Official Solicitor to the Supreme Court 1999–2006

Product Reviews

Goes from strength to strength
"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." Extract from the Foreword to the 2015 Edition by Sir James Munby, President of the Court of Protection

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