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.
Tue, 31 Mar 2020 14:19:14 +0000
The Vice-President, Hayden J, has issued on 31 March detailed guidance about remote access to the Court of Protection, including a detailed protocol for remote hearings, consideration of how to secure the principles of transparency before the Court of Protection, and a draft order.
Sat, 01 Feb 2020 09:02:37 +0000
The second quarterly update to the Court of Protection Handbook can now be found here. Although it is primarily of use for those in possession of the Third Edition (and if you are not, you should be!) it is also of use as a summary of case-law relating to practice and procedure since the book … Continue reading "2nd quarterly update to the Handbook"
Mon, 27 Jan 2020 14:31:48 +0000
In Re D (A young man)  EWCOP 1, Mostyn J had to consider a question that had previously been the subject of only very limited judicial consideration, namely the test for permission under s.50 MCA 2005. The case concerned a young man, D, aged 20, with autism. He had been looked after by his … Continue reading "What’s the permission threshold?"
Tue, 21 Jan 2020 07:19:38 +0000
The Vice-President of the Court of Protection, Hayden J, has published guidance on serious medical treatment applications in the Court of Protection. It covers (1) situations in which consideration must be given as to whether an application should be made and (2) the court’s expectations in relation to the making and progress of an … Continue reading "Serious Medical Treatment – Practice Guidance"
Thu, 16 Jan 2020 18:02:10 +0000
The Ministry of Justice has introduced a refund scheme relating to court fees, including the Court of Protection. For the Court of Protection, the scheme relates to those who paid court fees between 1 April 2016 and 31 March 2018 for: applications appeals In addition, if you paid a hearing fee between 1 April 2017 … Continue reading "Court of Protection fees refund"
Wed, 15 Jan 2020 18:27:08 +0000
Professional Deputies are entitled to general management costs which are reasonable and proportionate to the total value of the client’s estate. The amount of work done and that any work done should be done by the appropriate fee earner. Last but not least, the professional deputy is required to demonstrate they are acting in their … Continue reading "E-Filing for the assessment of Professional Deputy costs is compulsory from 20.01.2020"
Tue, 26 Nov 2019 22:02:45 +0000
The Vice-President of the Court of Protection, Hayden J, sent a letter on 26 November 2019 to other judges of the Court of Protection, reproduced here, in which he noted that: One of my most surprising discoveries on becoming V.P. was that the Court of Protection did not have a clearly structured system for administration … Continue reading "Administering Court of Protection appeals"
Fri, 01 Nov 2019 12:17:38 +0000
The first quarterly update to the Court of Protection Handbook can now be found here. Although it is primarily of use for those in possession of the Third Edition (and if you are not, you should be!) it is also of use as a summary of case-law relating to practice and procedure since the book … Continue reading "Court of Protection Handbook- first quarterly update and new precedent letters"
Wed, 25 Sep 2019 21:03:55 +0000
An important pilot to encourage and evaluate the use of mediation in the Court of Protection will go live from 1 October 2019. You can find out more here. Mediation can bring many benefits and we look forward to hearing more during the course of the pilot and its evaluation.
Fri, 26 Jul 2019 10:56:37 +0000
The 3rd edition of the Court of Protection Handbook is now published, with the addition of Nicola Mackintosh QC (Hon) to the team of Kate Edwards, Professor Anselm Eldergill, and Sophy Miles. The book addresses in detail the practice and processes of the Court of Protection – across the whole range of its work – … Continue reading "3rd edition of the Court of Protection Handbook now published!"