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Category: Court of Protection

Posted on January 13, 2021January 15, 2021

The Chorley Principle – (JH v CH & SAP (Costs: the Chorley principle, Litigants in person) [2020] EWCOP 63).

The case was a dispute about a revoked enduring power of attorney and appointment of a solicitor under a lasting power of attorney.  The rules on costs of a litigant…

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Posted on January 4, 2021January 4, 2021

Can the police gain access to the psychological report undertaken on the protected party?

In the case of AB (Court of Protection: Police Disclosure) [2019] EWCOP 66, an application was put forward by the police force in order to gain access to a psychological…

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Posted on December 14, 2020December 15, 2020

Is it possible to claim payments at Grade C?

In the case of Kirby & Others (2013) it was decided that arranging payments should be reduced and limited to 3 minutes at a Grade D rate. This is because…

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Posted on December 2, 2020December 14, 2020

PLK and Others: What we know now…

On 30 September 2020, a judgment was handed down by Master Whalan following a hearing in the matter of PLK and Others on 26 May 2020. This case was brought…

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Posted on November 25, 2020December 14, 2020

Does P have capacity to make decisions as to his care, support and education?

In the recent case of ‘A Local Authority v GP (Capacity – Care, Support and Education) [2020] EWCOP 56’, an application was brought by a Local Authority in respect of…

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Posted on October 28, 2020October 28, 2020

Should P continue to have contact with her abusive partner?

In a recent case, A County Council v LW & Anor [2020], an application was brought by a Local Authority in relation to the Protected Party’s capacity. The Protected Party…

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Posted on October 21, 2020December 14, 2020

What is classed as a net-asset?

Following the case of Penntrust Ltd v West Berkshire District Council & Anor 2020, the ambiguity of whether property is classed as a net-asset when considering a Protected Party’s estate…

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Posted on October 16, 2020October 16, 2020

5 reductions in COP assessments that you need to know about!

At Clarion, we deal with over 2,000 COP bills of costs per year and we monitor common reductions. Every case is completely different, but you do not need to simply…

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