Practice and Procedure

  • In the Practice and Procedure Report: Court of Protection and child deprivation of liberty statistics; court fees rising; reasons challenges in the Court of Protection; medical treatment cases – whether to issue, and the consequences of waiting too long. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Practice and Procedure Report: the Court of Appeal resets transparency. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Practice and Procedure Report: importance guidance on instructing experts, when habitual residence can be revisited, and a very useful new book on coercive control. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Practice and Procedure Report: notes from a fireside chat with DDJ Flanagan, and litigation capacity in the absence of subject-matter capacity. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Practice and Procedure Report: personal welfare deputies revisited and facilitating access to pro bono representation. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Practice and Procedure Report: fact-finding in the Court of Protection and recommendations about mediation in medical treatment disputes. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Practice and Procedure Report: where (not if) brain stem death testing should take place. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Practice and Procedure Report: the purpose of transparency and the length of restrictions, and the contempt consequences of being found to have capacity. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Practice and Procedure Report: the Court of Protection (Amendment) Rules 2025, a route map for anorexia cases relating to detained patients, and taking evidence from abroad. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

  • In the Practice and Procedure Report: disclosing position statements to observers; habitual residence, moving jurisdictions and ‘lawful authority;’ and the impact on P of being assessed. For all of our reports, newsletters and cases please visit our Mental Capacity Law Resource Centre.Click below to download the Practice and Procedure Report.

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