header-logo header-logo

A changing landscape for protected parties?

31 March 2023 / Gareth Williams
Issue: 8019 / Categories: Features , Court of Protection , Mental health , CPR
printer mail-detail
117281
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll