header-logo header-logo

Agreeing a better way forward

02 August 2018 / Emma Sutton
Issue: 7804 / Categories: Features , Profession , Wills & Probate
printer mail-detail
nlj_7804_sutton

Emma Sutton puts the case for the benefits of early settlement in the Court of Protection

  • Delays in listing a case can cause matters to ‘fester’ and the issues in dispute to significantly (and unnecessarily) increase.

The Court of Protection continues to experience a substantial increase in the volume of applications made. Remarkably, between January and March 2018, 8,089 applications and 10,262 orders were made which was the highest quarterly volume seen since the recording of such statistics began.

Unless a case is urgent, parties will often have to wait a significant time for a listing. Although delays clearly reflect the reality of the pressures on the system, there are emotional costs in addition to the financial implications of litigation. In the writer’s experience, delays in listing a case can cause matters to ‘fester’ and the issues in dispute to significantly (and unnecessarily) increase.

Mediation should be at the heart of the Mental Capacity Act 2005, yet it is noticeably underused. Under the Act and the Court of Protection Rules 2017

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll