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06 January 2011 / Ed Mitchell
Issue: 7447 / Categories: Features , Community care
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Protecting the vulnerable

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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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