Court of Protection Handbook
This site accompanies Court of Protection Handbook. On this site, you will find links to relevant statutory materials and other guidance that space precluded us from including in the appendices, precedent orders covering most of the most common situations that arise before the Court, useful (free) web resources, and updates on practice and procedure before the Court of Protection. These updates take the form of posts on the site’s blog, and also (where relevant) updates cross-referenced to the relevant paragraphs in the book.
The site is maintained by two of the book’s authors, Alex Ruck Keene and Sophy Miles.

For how long does a Court of Protection judgment remain binding?

Wed, 11 Nov 2020 11:02:36 +0000

In An NHS Trust v AF & Anor [2020] EWCOP 55, Poole J has answered an important question that has – oddly – not been definitely determined previously: when does a decision of the Court of Protection stop being binding?   The question is important, given that the court has to make decisions about capacity and … Continue reading "For how long does a Court of Protection judgment remain binding?"

Court of Protection Handbook quarterly update – November 2020

Sun, 01 Nov 2020 18:52:31 +0000

The quarterly online update to the Court of Protection Handbook is now available, covering such cases as DP v Hillingdon on s21A applications, Re ND on the declaratory powers of the Court of Protection and Re AB on when the court will decline to recognise and enforce a foreign protective measure.

Section 21As, interim declaration and the importance of speedy determinations

Mon, 05 Oct 2020 20:32:21 +0000

Practitioners will need to note the implications of the recent and important judgment of Hayden J in DP (by his ALR Keith Clarke) v London Borough of Hillingdon [2020] EWCOP 45 . You can read the judgment here. DP was 72 and had an organic personality disorder and catatonic disorder, both of which resulted from … Continue reading "Section 21As, interim declaration and the importance of speedy determinations"

Deputies, fixed costs, detailed assessment and net assets

Sat, 03 Oct 2020 10:17:38 +0000

In Penntrust Ltd v West Berkshire District Council & Anor [2020] EWCOP 48, HHJ Hilder has returned to the vexed question of Practice Direction 19B and fixed costs in the Court of Protection.  In its current iteration, PD19B provides that “where the net assets of P are below £16,000,” the option for detailed assessment of … Continue reading "Deputies, fixed costs, detailed assessment and net assets"

Professional Deputies: Hourly rates and the realities of 2020

Fri, 02 Oct 2020 16:07:35 +0000

In a judgment handed down on 30 September 2020, PLK & Ors (Court of Protection : Costs) [2020] EWHC B28, Master Whalan has considered the concerns the method of assessment of the hourly rates claimed by Deputies. The SCCO consolidated the assessments in four cases that chosen to represent the costs claimed by Deputies in … Continue reading "Professional Deputies: Hourly rates and the realities of 2020"

Contempt, court orders and P’s confidentiality

Fri, 02 Oct 2020 15:52:11 +0000

In a very unusual case, P v Griffith [2020] EWCOP 46, the Court of Protection has sentenced a woman, a Ms Griffith, to 12 months imprisonment for forging a court order so as to obtain medical records in relation to P, her relation.   P was a 50 year old woman who resided at a specialist … Continue reading "Contempt, court orders and P’s confidentiality"

Court of Protection Handbook – August 2020 Quarterly Update

Sat, 01 Aug 2020 10:36:11 +0000

The quarterly update on the COPH website to the third edition of the Handbook is now out, bringing the book up-to-date to 1 August 2020.   The next update will be due on 1 November 2020 (and if people ask very nicely, the good people at Legal Action Group and the authors may even be … Continue reading "Court of Protection Handbook – August 2020 Quarterly Update"

Basic guide to the Court of Protection and glossary

Wed, 08 Jul 2020 14:14:06 +0000

With thanks to Victoria Butler-Cole QC, upon whose excellent 2013 work we have built, a small team comprising her, Sarah Castle (the Official Solicitor), Jakki Cowley (an IMCA), and Alex Ruck Keene has produced a basic guide to the Court of Protection for lay people who may be going to court, or may be attending … Continue reading "Basic guide to the Court of Protection and glossary"

The Court of Protection mediation scheme in practice

Fri, 26 Jun 2020 12:35:29 +0000

[Even though COVID-19 may be making everyone rethink how conventional proceedings unfold in the Court of Protection, it does – or should not – detract from the importance of mediation.  We are very pleased to host here a guest post by Alex Troup of St John’s Chambers, Bristol, outlining his experience as a mediator under … Continue reading "The Court of Protection mediation scheme in practice"

Court of Protection update

Fri, 22 May 2020 17:20:29 +0000

Senior Judge Hilder and the Operations Manager of the Court of Protection have provided an update on the court’s performance and activities during the COVID-19 outbreak, and work being done to assist practitioners.   The letter (dated 21 May 2020) can be found here.