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A changing landscape for protected parties?

31 March 2023 / Gareth Williams
Issue: 8019 / Categories: Features , Court of Protection , Mental health , CPR
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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 (or

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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