Court of Protection Hub
  • Home
  • Resources
    • Key cases archive
  • Cases
  • News & Views
  • About the book
  • About the site

News & views

Court of Protection (Amendment) Rules 2022

28/11/2022

 
Due to come into force 1st January 2023. The rules make changes to contempt proceedings and electronic service. The full explanatory note is set out below:

"EXPLANATORY NOTE
These Rules amend the Court of Protection Rules 2017 (S.I. 2017/1035) to substitute for Part 21 of those Rules a new Part 21, for the purpose of making provision for a consistent approach in relation to contempt proceedings having regard to the relevant provisions of the Civil Procedure Rules 1998 (S.I. 1998/3132 – see Part 81 as substituted by S.I. 2020/747) and the Family Procedure Rules 2010 (S.I. 2010/2955 – see Part 37 as substituted by S.I. 2020/758).

These Rules also make minor amendments in rules 6.3 and 9.1 of the Court of Protection Rules 2017, principally to clarify the rules for electronic service and to make reference to a new practice direction supplementing the Rules."

P, Official Judicial Visits to (Guidance) [2022] EWCOP 5

11/2/2022

 
Mr Justice Hayden, The Vice President of The Court of Protection, has issued new guidance on judges visiting P in SMT cases (Serious Medical Treatment). As he explains in the paragraph [1]   

"This short practical guidance is intended to provide, hopefully helpful, suggestions as to how the Court and practitioners might ensure that meetings between the Judge and P, during proceedings, are conducted most effectively and enhance the participation of P. Earlier guidance was issued on the 14th November 2016, by Charles J, as Vice President of the Court. That document was primarily directed towards Health and Welfare cases and provided some additional assistance to participation of P in Property and Affairs cases. It did not seek to address meetings between the Judge and P in Serious Medical Treatment (SMT) cases. In principle, there should be no reason why the approach in SMT cases should differ from other cases. This document is intended to supplement, not to replace the earlier guidance. As the two require to be read together, and for convenience of access, I propose to reissue the 2016 guidance. I would add only one caveat. Charles J did not and could not have anticipated the wholesale migration to video conferencing platforms that has characterised every aspect of professional and indeed private life in the last 20 months. His guidance should be read with these developments in mind."

It follows on the heels of the judgment of the Court of Appeal in Re AH in which The President suggested that new guidance was necessary. 

Read the guidance in full on Bailii

New guidance on appointing the Official Solicitor

12/7/2021

 
Two new practice notes outline how to work with the Official Solicitor in Court of Protection cases

Read More

Two-week 'rapid' consultation launched on remote, hybrid and in-person hearings

11/6/2021

 
The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on remote, hybrid and in-person hearings in the family justice system and the Court of Protection.

Read More

The Vice President: Update on operational issues during the pandemic

6/5/2020

 
Mr Justice Hayden has published a letter outlining the work of the HIVE group set up to support support the work of the Court of Protection throughout the present covid-19 health crisis. The letter in full is set out below:

Read More
<<Previous
    Stay up to date with changes to policy and procedure.

    Sign up for our free email alert

    We do not share your details with any third parties and you can unsubscribe at any time.

    RSS Feed


    More from Bath Publishing




    Browse

    Categories

    All
    Best Interests
    Capacity
    Committal Order
    Compensation
    Costs
    Deputies
    DoLS
    End Of Life Decisions
    Finance
    Human Rights
    Jurisdiction
    Liberty Protection Safeguards
    LPAs
    Medical Treatment
    Mental Health Act
    Official Solicitor
    OPG
    Powers Of Attorney
    Procedure
    Public Funding
    Reporting
    Statutory Will
    Training
    Treatment
    Trustees
    Welfare


    Archives

    December 2022
    November 2022
    September 2022
    August 2022
    June 2022
    March 2022
    February 2022
    December 2021
    August 2021
    July 2021
    June 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    January 2020
    December 2019
    September 2019
    June 2019
    May 2019
    February 2019
    January 2019
    December 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    July 2017
    June 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015




Picture
This site is published by Bath Publishing Limited
www.bathpublishing.com
Manage your email preferences
Read the Bath Publishing Privacy Policy
  • Home
  • Resources
    • Key cases archive
  • Cases
  • News & Views
  • About the book
  • About the site