The Process of a Request for Reassessment
Unlike any other area of law, there is a process regarding Court of Protection assessments that is not in any written case or law, however a spoken arrangement passed down…
Category: Court of Protection
Does P have litigation capacity?
The issue of whether P had litigation capacity was considered in the recent case of P, Re [2021] EWCOP 27. P, a 60 year old woman, has diabetes, paranoid schizophrenia…
Does P have capacity to make decisions as to his care and residence?
In the recent case of KG (Capacity) [2021] EWCOP 30, it was necessary for the Court to determine whether P had capacity to make decisions as to his future care…
The importance of being organised
As you are all aware, organisation rules the world! This is a very important point when you are preparing your files to send to your Costs Draftsman. An untidy or…
Client care and the indemnity principle in Court of Protection
Stephanie Kaye, senior associate and Laura Gillin, associate at Clarion discuss the issues arising in respect of the indemnity principle following the decision of PLK & Others, client care requirements…
NHS Trust v CD Ors – Can the COP consent to the withdrawal of life sustaining treatment?
In the recent case of London NHS Trust v CD & Ors, P was a 20 year old woman who, on 18 January 2021, attempted suicide. She was discovered by…
New guidance from the SCCO on electronic supporting files in COP cases
We have received updated guidance from the SCCO on the process for uploading electronic supporting documents for Court of Protection assessments via the DUC [Document Upload Centre]. Please note that…
PLK & Others – can you recover the higher rates?
There have been ongoing discussions between some of our clients and the SCCO in relation to the uplift in hourly rates under this recent case. This is on the basis…