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Tag: protected party

Posted on April 7, 2022May 19, 2022

Guidance given in failed claim for shortfall

Before the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ended recoverable additional liabilities in most personal injury claims, it was commonplace for Claimant Solicitors to…

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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 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 May 28, 2020October 12, 2020

KKL Executor & Trustee Company Ltd v Harrison (2020) – Is it cynical for a professional Deputy to expect to be paid?

The short answer is no. The above case concerned an elderly woman (OT, the Protected Party) in Leeds who lacks capacity to deal with her property and financial affairs. KKL…

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Posted on May 12, 2020October 12, 2020

Lockdown Lowdown – Francesca Gardner

This blog forms part of a series of weekly interviews with several professionals during lockdown. It aims to inform Deputies and their teams about how each organisation within the field…

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Posted on January 15, 2020October 12, 2020

Levels of contact in Court of Protection cases – what is reasonable?

The Case of Trudy Samler 2001 considers the level of costs incurred regarding contact and whether this is reasonable. The case looks into whether these costs are instigated by the…

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Posted on May 21, 2019October 13, 2020

NB, Re (Consent to sex) [2019]- After 27 Years of marriage, did the Protected Party have capacity to marry and consent to sexual relations with her husband?

The Protected Party came to live in the UK in 1985 and married her husband in 1992. The marriage was contracted abroad. When the Protected Party first came to live…

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Posted on May 7, 2019October 13, 2020

Successful appeal against a Judge’s decision in respect of the Protected Party’s Deprivation of Liberty

In the case of CB v Medway Council & Anor (Appeal) [2019] EWCOP, the Official Solicitor appealed against a decision which justified the Protected Party’s Deprivation of Liberty. The Protected…

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Costs and litigation funding are services provided by Clarion Solicitors Limited.  Clarion is the trading name of Clarion Solicitors Limited.  This is our dedicated micro-site where we share relevant updates, news and case law about costs and litigation funding. For more details on the other services offered by Clarion, please visit our main site www.clarionsolicitors.com.  By clicking on the link and scrolling to the foot of the page, you will find links to our legal and regulatory information.

Clarion Solicitors Limited is a company incorporated and registered in England and Wales with company number 7185479 whose registered office is at Elizabeth House, 13-19 Queen Street, Leeds LS1 2TW.  A list of our directors is open to inspection at the registered office.  Any reference to “partner” means any shareholder or director of Clarion Solicitors Limited or any employee or consultant with equivalent standing based on their experience and/or qualifications.

Clarion Solicitors Limited is a firm of solicitors operating in England and Wales. Clarion Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA), with SRA number 533649. The professional rules that govern Clarion Solicitors Limited are the SRA Standards and Regulations available at https://www.sra.org.uk/solicitors/standards-regulations/

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Clarion Solicitors Limited does not accept service by electronic means.

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