Interim practice guidance relating to serious medical treatment applications issued by Mr Justice Hayden
Mr Justice Hayden, Vice President of the Court of Protection, has issued practice guidance which sets out the procedure to be followed "where a decision relating to medical treatment arises and where thought requires to be given to bringing an application".
The Ministry of Justice has launched its long awaited refund scheme for a range of civil, magistrate, insolvency and Court of Protection fees. The implementation of the scheme follows a 2018 review where the Ministry "discovered fees in certain proceedings had been unintentionally set above cost". There are also somer fees that should not have been charged at all.
Anyone who believes they paid too much for some court services between 22 April 2014 and 31 March 2018 can now apply for a refund via the MoJ website.
The Court of Protection fees falling within the scheme are set out below (taken from the MoJ guidance)
Over-charged: fees that were charged more than the cost of the service
Mischarged: where the wrong fee was charged or should not have charged at all
The Family Procedure Rules 2010 and Court of Protection Rules 2017 (Amendment) (EU Exit) Regulations 2019
The Government has issued amendment regulations concerning and the impact that leaving the EU will have on the Court of Protection Rules.
The amendments will, in the MoJ's words
"remove provision in the FPR and COPR which relates to powers, processes and orders under EU instruments or international agreements which will no longer be applicable or available when those instruments or agreements are revoked by the Withdrawal Act or the statutory instruments made under it, or in some cases amend such provision where such instruments are retained in an amended form."
The accompanying Explanatory Memorandum provides a useful review of the interconnection between UK rules and EU instruments, though clearly it is still a developing picture.
UPDATE: 11 March 2019
These regulations passed the sift requirements on 5th March. Read the SI as load before Parliament on legislation.gov.uk.
Legal Services Board publish research & guidance on 'vulnerable consumers' experience of legal services
The Legal Services Board has published research & guidance on the experiences that vulnerable consumers have when getting legal help.
The qualitative research involved interviews with 60 people drawn from samples including individuals suffering from either mental health problems or dementia and their carers.
The researchers key findings are set out below:
Mental health problems
All these resources are available from the LSB website here.
The Law Society has announced that it has created a mental capacity accreditation scheme for solicitors serving the Court of Protection.
The news has been announced on the Gazette website but there is little detail other than that
You can read the full story on the Law Society Gazette.
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