Latest articles
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
How does a jointly held property pass on death?
When meeting with clients to discuss their succession planning, many cannot recall whether their property is held jointly as joint tenants or jointly as tenants in common. The distinction is that with...
View all articles
Authors

Court of Protection: final Case Management Pilot Practice Direction

Sep 29, 2018, 18:30 PM
case management pilot, Court of Protection, Practice Direction, CoP
The final version of the pilot Practice Direction has now been published in advance of a case management pilot commencing in the Court of Protection (CoP).
Slug : court-of-protection-final-case-management-pilot-practice-direction
Meta Title : Court of Protection: final Case Management Pilot Practice Direction
Meta Keywords : case management pilot, Court of Protection, Practice Direction, CoP
Canonical URL : http://www.familylaw.co.uk/news_and_comment/court-of-protection-final-case-management-pilot-practice-direction
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 16, 2016, 02:59 AM
Article ID : 112547

The final version of the pilot Practice Direction has now been published in advance of a case management pilot commencing in the Court of Protection (CoP). 

The pilot will now commence on 1 September 2016, although the pilot Practice Direction was initially published in draft in March to allow practitioners to prepare for a significant change in case management practice. 

The pilot scheme sets out three case management pathways for CoP proceedings:

1. a Property and Affairs pathway;

2. a Health and Welfare pathway; and 

3. a hybrid pathway for cases that have elements of both Property and Health.

The pilot Practice Direction will place an obligation on applicants to provide improved analysis of the issues at the start of a case, allowing for more robust case management decisions to be taken at the outset and all issues to be identified at the earliest opportunity in proceedings. It will also seek to encourage early resolution of cases, to reduce the number and length of hearings required in contested cases and to promote judicial continuity. The pilot is expected to run for up to 12 months.

A separate pilot Practice Direction dealing with reports commissioned under section 49 of the Mental Capacity Act 2005 will also commence in June and is published now for information only.

Click here to view the final Case Management Pilot Practice Direction.

Click here to view the pilot Practice Direction dealing with reports commissioned under MCA 2005, s 49.
Categories :
  • Legislation & Guidance
  • Practice Directions
Tags :
papers1
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from