Details
An essential work for lawyers and judges practising in the Court of Protection
"I have been using this since it was first published. It contains a mine of useful and essential information; I refer to it regularly. It sits on my desk for every application before me – it is as useful as The Family Court Practice – I can think of no higher praise"
HHJ Martin Cardinal, Nominated Judge of the Court of Protection
This popular major work provides a detailed and authoritative guide to the enhanced jurisdiction with a similar style and format to The Family Court Practice and Civil Court Service. Written by a team of lawyers involved in the implementation of the Mental Capacity Act 2005,Court of Protection Practice 2011 provides valuable procedural guidance for all judges hearing cases in the Court of Protection. As the jurisdiction evolves, it is vital for practitioners to have up-to-date information in order to act for clients efficiently and accurately.
The new edition includes coverage from an international perspective, with analysis of the relevant procedure in a selection of European and Commonwealth countries and contact details for cross-jurisdictional cases.
New for the 2011 Edition
- Updated Court of Protection Rules with collated PDs for ease of reference
- New Procedural Guide 6: Resolving doubt about capacity under the Civil Procedure Rules 1998
- New Court of Protection Forms
- New international section offering worldwide mental incapacity procedures and guidance
- Extensively updated case summaries
- New section offering alphabetical lists of useful addresses, websites and reference books
- New Precedent Order covering the appointment of a financial deputy in respect of large brain injury award
With the addition of case summaries, plus a CD-ROM of precedent orders and forms ready to use, Court of Protection Practice 2011 provides practitioners with a full armoury in one place.
Preface
Introduction
Table of Statutes
Table of Statutory Instruments
Table of Cases
Table of Practice Directions
Table of Codes of Practice
Table of EC and International Regulations lxxi
List of Abbreviations
PART I: Narrative
- Background
- The Mental Capacity Jurisdiction
- Lasting Powers of Attorney
- Powers of the Court
- Welfare and Health Care, Advance Decisions and Research
- Deprivation of Liberty Safeguards
- Court Practice and Procedure
- The Public Guardian and Supporting Services
- Miscellaneous
PART II: Procedural Guides
PART III: Mental Capacity Act 2005
PART IV: Court of Protection Rules 2007 and Practice
PART V: Other Statutory Instruments and Practice
PART VI: Codes of Practice
PART VII: Forms
PART VIII: Precedent Orders
- Section A: Standard Orders
- Section B: Directions Orders
- Section C: Final Orders
PART IX: Case Summaries
PART X: International Protection of Adults
CHAPTER 1
- Introduction and Overview
- The Convention on the International Protection of Adults
- Northern Ireland
- Scotland
- Appendices
PART XI: Directories
Index
General Editor and Contributor
District Judge Gordon Ashton OBE, Nominated Judge of the Court of Protection and Visiting Professor in Law, Northumbria University
Contributors
Richard Frimston, Partner, Russell-Cooke
Penny Letts OBE, Policy Consultant, Editor, Elder Law Journal
District Judge Marc Marin, Nominated Judge of the Court of Protection
Alexander Ruck Keene, Barrister, 39 Essex Street
Martin Terrell, Partner, Thomson Snell & Passmore
Adrian D. Ward MBE, Partner, Turnbull & Ward, Scotland
Past Contributor
Laurence Oates, Official Solicitor to the Supreme Court 1999-2006
"a useful purchase for someone who regularly appears in the Court of Protection, for the sheer convenience of the collation of the relevant legislation, court forms and supporting documentation"
Law Society PS Magazine
"a detailed and authoritative guide to judges as well as practitioners...a must-have purchase if you practice in this difficult area of law"
Phillip Taylor MBE
Reader Comments
"I have been using this since it was first published. It contains a mine of useful and essential information; I refer to it regularly. It sits on my desk for every application before me - it is as useful as The Family Court Practice - I can think of no higher praise."
HHJ Martin Cardinal, Nominated Judge of the Court of Protection
“offering additional and valuable insight … indispensible … a full armoury in one place – a comment with which we cannot help but agree … invaluable”
Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers
"fabulous contents...essential...extremely useful...remains reasonably priced for what you gain...well put together...essential for practitioners... a must for any library...simply superb.
Penny Booth, Honorary Research Fellow at Liverpool University
