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31 March 2023 / Gareth Williams
Issue: 8019 / Categories: Features , Court of Protection , Mental health , CPR
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A changing landscape for protected parties?

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How do the latest amendments to the Civil Procedure Rules impact on children & protected parties? Gareth Williams explains
  • Commentary on the recent proposed changes to the Civil Procedure Rules, and in particular to the implications for children and protected parties under CPR 21.
  • Outlines the need for early consideration by litigators and litigation friends as to how a claimant’s compensation should be settled and subsequently managed.

It is likely that CPR 21.11 won’t be the most exciting or interesting section of the Civil Procedure Rules (CPR) for many, but for Court of Protection and trust lawyers who assist personal injury and medical negligence solicitors regularly, it has more prominence than most.

Back to where we started?

In my early years post-qualification, I was lucky enough to be able to assist the applicant solicitor and be present in the hearing for former leading Court of Protection authority, SM v HM (by the Official Solicitor as her Litigation Friend) [2012] COPLR 187—a case concerning the suitability

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NLJ this week: Tightening the screws on JCT terminations
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
NLJ this week: Surrogacy children caught in succession gap
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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