By Alex Ruck Keene KC (Hon), Kate Edwards, Nicola Mackintosh KC and Sophy Miles
with Anselm Eldergill
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, ‘The Barrister’, and Mediator
‘Any of us at any time could find ourselves incapable of taking decisions about our health, our welfare, or our finances.’ One must confess that the erudite and convivial authors of this highly regarded legal text are right in making this gloomy, yet realistic statement, which certainly pertains to and informs this indisputably indispensable Handbook, which deals with virtually every conceivable aspect of the Court of Protection, noted as ‘the ultimate oversight body over the Mental Capacity Act 2005’.
The fact that the Handbook is now out in its fourth edition indicates its usefulness, its practical and certainly compassionate approach, and its towering reputation of being quite indispensable to the vast majority of practitioners in this field.
Its publishing history dates from 2014, with frequently updated editions published in 2017. The third edition of 2019 was obviously the last edition released prior to the pandemic, which, in the words of the authors, ‘brought about radical changes to the court’s practice’, including the notable and largely unanticipated side effect of facilitating easier public access to the workings of the courts as it went online. This then is the Handbook that keeps busy practitioners up to date with developments in this especially sensitive area of law.
The point is made – and who would disagree – that the plain-speaking, accessible style of this distinguished text (typical of LAG publications) is aimed not only at lawyers, but also to members of the public who, more often than not, are without access to legal help in this area of law, but who nonetheless need to gain an understanding of the issues involved.
LAG has certainly offered practitioners and general readers a step-by-step guide through the processes, for example, of making an application to the court – as well as the issues involved in representation – the means and methods of preparing for and appearing at hearings – and a realistic examination of costs enforcement and appeal.
The book is also distinguished by its ease of use which busy practitioners will appreciate. The no-less-than-six-page table of contents is precisely detailed and includes, for example, a 69-page overview of the Mental Capacity Act 2005, which is also reproduced almost in its entirety in Appendix A (except for Schedules 5–7).
Copiously footnoted, with numbered paragraphs throughout, the book offers multiple tables of cases, statutes, and statutory instruments, plus a table of European and international legislation and a three-page list of all those pesky abbreviations that often confound readers.
Suffice to say, every practitioner involved in matters pertaining to the Court of Protection should acquire this useful and up-to-date work of reference. Also note that the
accompanying website includes links to relevant statutory materials and a wealth of additional guidance.
The law is stated as of June 2022.