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Court of Protection Practice 2018

Court of Protection Practice 2018

Author: Gordon R. Ashton; The Hon Mr Justice Baker; District Judge Marc Marin
Publisher: LexisNexis U.K.
ISBN: 9781784733728

Previous Edition ISBN: 9781784732516
Published In: March 2018
Format: Hardback + CD-ROM
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The Court of Protection Practice retains its well-established format as the leading court reference work governing this fast-developing jurisdiction, with a status akin to its sister publication The Red Book.

It contains, in a single portable volume, all the essential materials needed to practice in the Court of Protection (ie Narrative, Procedural Guides, Mental Capacity Act 2005, Procedure Rules, SIs, Forms, Precedents, Case Summaries, International materials), thus providing a comprehensive ‘one-stop-shop which ensures that practitioners have all the latest developments at their fingertips.

This new edition has been further enhanced and updated throughout to take account of the reissued Court of Protection Rules which took effect in December 2017 and thereby recast all of the Rules into the same format as the Civil Procedure and Family Procedure Rules.

The new-look Court of Protection Rules also incorporate those rules relating to case management which have hitherto been implemented by way of the Case Management Pilot. Accompanying, renumbered, Practice Directions also cement into the practice of the Court the Transparency Pilot and the Section 49 Report Pilot.

As the jurisdiction evolves, it is vital for practitioners to have up-to-date information in order to act efficiently and accurately for clients.

What’s New for 2018

Part I – Narrative Chapters:
Chapter 7 (Deprivation of Liberty) — Updated to include coverage of the Law Commission Recommendations
Chapter 8 (Court Practice and Procedure) — Extensive amendment pursuant to new Court of Protection Rules
Chapter 10 (Representation and Participation of P) — Completely new chapter on this important topic
Chapter 12 (International protection of Adults) — Extensively updated with a new “Ordinary Residence” section added
Part II Procedural Guides
New flowcharts on mixed pathways; P and A pathways and Welfare pathways added
Part IV – COP Rules and PDs
New rules with comprehensively updated commentary
Part IX – Cases
Fully updated to include latest case-law

Text – based on Mental Capacity: Law and Practice (Jordan Publishing), 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, including the new Transparency Pilot Practice Direction and the Pilot Practice Directions on Case Management and Section 49 Reports.

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 party

Resolving doubt about capacity under CPR 1998

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, including the new Transparency Pilot Order

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