Category Archives: Court of Protection

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Litigating on behalf of P: Guidance for Deputies on seeking permission and managing conflicts

Her Honour Judge Hilder has given judgment in ACC & Others [2020] EWCOP 9, a test case which concerns the circumstances in which deputies must seek authority to litigate on behalf of P and other considerations such as managing conflicts where a professional deputy proposes to instruct its own firm in the litigation. The specific […]

Variation of trusts and minors lacking mental capacity: ET v JP and others [2018] EWHC 685 (Ch)

ET v JP & Ors [2018] EWHC 685 (Ch) is a short but an important decision which deals with the question of the boundaries between the Court of Protection and the High Court when considering the variation of a trust on behalf of a minor who will never possess mental capacity. The case concerned an application […]