Contentious Applications in the Court of Protection - Best Practice & Procedure

Introduction

This new full day in-person course provides a comprehensive guide to contentious litigation in the Court of Protection.

The course will cover the court’s jurisdiction, legal principles, and procedure for both personal welfare and property and affairs cases.

What You Will Learn

This course will cover the following:

• The jurisdiction of the Court of Protection
• The inherent jurisdiction of the High Court for vulnerable adults who have capacity
• The Mental Capacity Act 2005: capacity and best interests
• Identifying the issues the Court will be asked to decide
• Making the application: assembling the evidence and necessary paperwork
• The Pathways:
• Personal Welfare
• Property & Affairs
• Hybrid cases
• Deprivation of Liberty applications, including section 21A reviews
• Interim orders, directions and remedies
• COPR 1(2): Securing P’s participation
• Notifying P and identifying other interested parties who need to be notified
• Experts and section 49 reports
• Case management hearings and directions
• Settling the case
• Drafting the order
• Bundles
• The final hearing: who should give evidence?
• Costs