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Court of Protection: Shaping New Law into Solution-Focused Answers for Your Clients

  • Tuesday, 5th November 2019
  • The Caledonian Club 9 Halkin Street London SW1X 7DR
  • 5 hrs CPD

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Answers to 9 Thorny Questions: Directly from 7 QCs and Senior Juniors of Outstanding Ability

  1. Registration and coffee

  2. Chair’s Introduction

    Court of Protection: Shaping new law into solution-focused answers for your clients

    Chaired by: Claire van Overdijk of Outer Temple Chambers

    Claire is "a go-to counsel who holds her ground in court and isn't afraid to make difficult points." She is co-editor of Court of Protection Practice and Mental Capacity Law and Practice and short-listed as STEP Advocate of the Year 2019.

  3. Removing attorneys/deputies

    In borderline cases what tips the balance when arguing for the removal - or protection - of attorneys/deputies for alleged financial abuse, supported by case-law and practical examples?

    Answered by: Edward Cumming QC of XXIV

    Edward is "a superstar in the making - so bright you get the feeling that there isn’t anything that he doesn’t know." He acted in Re K: a bitterly fought dispute over the administration of a substantial and high-profile estate.

  4. Wills and preferences

    What is the significance for practice of the “will and preferences” approach to best interests decision-making, established in East Lancashire Hospitals NHS Trust v PW?

    Answered by: Fiona Scolding QC of Landmark Chambers

    Fiona is "brilliant - incredibly persuasive and scarily good"; particularly adept at handling cases that concern adults with learning disabilities. She is senior counsel to the Independent Inquiry into Childhood Sexual Abuse.

  5. Morning coffee

  6. Cross-border

    Drawing on live cases, when will the English Court recognise foreign powers of attorney?

    Which procedures are to be applied in such cases?

    Answered by: Sophy Miles of Doughty Street Chambers

    Sophy is "hugely respected and at the cutting edge of legal developments." "She secures sensational results." She frequently advises on cross-border and out of the jurisdiction issues and is Co-author of 'Court of Protection Handbook.'

  7. Welfare deputyship

    Is there a shift in the wind over the Court’s approach to welfare deputyship applications following Lawson, Mottram and Hopton, Re (appointment of personal welfare deputies) [2019]?

    Answered by: David Rees QC of 5 Stone Buildings

    David is "essentially Mr Court of Protection - just so technically smart." He is General Editor of Heywood & Massey's Court of Protection Practice, sits on the Rules Committee and acted in Lawson, Mottram and Hopton litigation.

  8. Lunch

  9. Autonomous decision-making

    How deftly is the Court treading the line between autonomous decision-making and safeguarding vulnerable adults from potential harm? B v A Local Authority [2019]

    Answered by: Sam Karim QC of Kings Chambers

    Sam is a "calm voice in a storm." "He knows the Mental Capacity Act inside out." He acted in B v A Local Authority [2019], the first reported case on the capacity to make decisions about the use of social media and the internet.

  10. S.5 and S.7 MCA

    Against a backdrop of recent and live cases, which acts of those lacking material decision-making capacity - actually - require judicial sanction and on what basis?

    How do you recognise and differentiate?

    Answered by: John McKendrick QC of Outer Temple Chambers

    John is "one of the best Court of Protection silks out there". "He comes up with highly creative ways to overcome the most difficult issues." He served as Attorney General and DPP for the Caribbean island of Anguilla from 2016 to 2018.

  11. Over-run

  12. Close of conference

All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500

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