header-logo header-logo

Protecting the vulnerable

06 January 2011 / Ed Mitchell
Issue: 7447 / Categories: Features , Community care
printer mail-detail

Ed Mitchell provides an update from the Court of Protection

Under Rule 157 of the Court of Protection Rules, the general rule in personal welfare proceedings is that there shall be no order as to costs. Rule 159 provides that the general rule may be departed from where “the circumstances so justify” and goes on to list factors that are to be taken into account in deciding if departure is justified. The factors include the conduct of the parties. Two recent decisions provide examples of when it may be permissible to depart from the general rule and make a costs order against a party.

In the Matter of RC (Deceased) (Case no 11639140) was a decision of Judge Lush, the senior judge of the Court of Protection. The ruling will be of particular interest to local authorities involved in disputes with the relatives of vulnerable adults about how they should be cared for. If such disputes are resolved by way of Court of Protection proceedings, significant resources can be expended and so the authority may consider seeking an order for its costs. Under this

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll