Wills / Probate / Trusts

Court of Protection Practice 2014

By District Judge Gordon Ashton OBE
LexisNexis U.K. February 2014

Specifications

ISBN-13
9781846618826
Publisher
LexisNexis U.K.
Publication
February 2014
Format
Hardback + CD-ROM
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 provides valuable procedural guidance for all judges hearing cases in the Court of Protection. As the jurisdiction evolves, it is also vital for practitioners to have up-to-date information in order to act efficiently and accurately for clients.

Table of Contents

  • Text – based on Mental Capacity: Law and Practice (Jordans, 2012), 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
    • 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 part
  • 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
  • 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
  • Useful Information – websites, address details etc

About the Author

General Editor and Contributor:
Gordon Ashton OBE Retired District Judge and Nominated Judge of the Court of Protection

Contributors: 
Penny Letts OBE Policy Consultant, Editor of Elder Law Journal 
District Judge Marc Marin Nominated Judge of the Court of Protection 
Martin Terrell Partner, Thomson Snell & Passmore
Alex Ruck Keene Barrister, 39 Essex Street

International Contributors: 
Adrian D Ward MBE Partner, TC Young Turnbull & Ward, Scotland 
Richard Frimston Partner, Russell-Cooke LLP 
Claire van Overdijk Barrister, No 5 Chambers

Reviews

"This is the essential up-to-date guide to its enlarged jurisdiction....provides all relevant statutory material in this area, together with new material for 2012....the book offers any amount of resources for further research....if you're a practitioner in this or related fields, the book and the accompanying CD ROM can only enhance your understanding of and expertise within this complex and sensitive area of law" 
Phillip Taylor and Elizabeth Taylor of Richmond Green Chambers

Reviews from previous edition

"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

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