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Court of Protection

Welcome to our Court of Protection blog featuring updates, guidance and news from the Wrigleys team.

Court of Protection Home

March 5, 2019 - Guidance

The internet, and particularly social media, can provide disabled persons with a great opportunity to express themselves, learn new skills and information, locate support, and interact with others. Sadly, it is not without its dangers. The NSPCC reported this month that over 5,000 online child grooming offences were recorded by police in England and Wales. […]


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February 28, 2019 - Case Update

You might remember the case where the outsourcing of Deputyship duties went wrong? In the second round of litigation in this case following the Court’s decision that Matrix had acted not in compliance with either its statutory or fiduciary duty (as mentioned in our Lynne Bradey’s article here “Trust corporation fails vulnerable clients” – link […]


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Article by health and care specialist solicitor Austin Thornton
February 21, 2019 - News

The meaning of the phrase “nursing and other healthcare” Executive Summary There is a substantial and growing disconnect between the public who see their relatives suffering from profound disability and illness, often involving neurological disorders such as dementia and stroke, and the view of NHS continuing care teams in Clinical Commissioning Groups that such patients […]


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
February 13, 2019 - Case Update

LCN v KF & Ors [2019] EWCOP This sad case involved CJF, a 13 year old boy who had suffered extensive injuries through negligence at his birth and who needed significant 24 hour care for all aspects of his life. He sadly died a few days after the case was decided. CJF’s mother was 18 […]


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January 16, 2019 - News

In the case of EXB v FDZ [2018] EWHC 3456 (QB) Foskett J, that was the question to be determined. At age 26 EXB was involved in a catastrophic road traffic accident from which he acquired a traumatic brain injury. This injury was expected to be lifelong and meant that EXB would likely need support […]


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
December 18, 2018 - Case Update

You might be surprised to find that the answer is yes. The case This case (Case Reference [2018] EWCOP 35) involves an elderly gentleman known as KJ who suffers from dementia.  There were concerns about the behaviour of two men, one named Shaun Hill.  It appears from the Judgement that KJ was Shaun Hill’s father. […]


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
October 23, 2018 - Guidance

What happens if you instruct your attorney to assist your suicide in your Lasting Power of Attorney? In this case, the Public Guardian made nine applications to the Court of Protection because he had received nine Lasting Powers of Attorney with provisions relating to euthanasia or assisted suicide. Some of the LPAs appeared to have […]


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
October 22, 2018 - News

The tax system is not the most straightforward thing in the world.  Many people with full mental capacity and the ability to access the internet still find they need help to make sure they understand the HMRC policies and regulations. Who helps vulnerable people with their tax? This isn’t just about paying the right amount of […]


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October 12, 2018 - News

A qualified person can be appointed as deputy for property and financial affairs by virtue of holding an office in an approved organisation. The appointment will continue even if the office holder is replaced by another person. The Office of the Public Guardian should be informed of a change in office holder or other relevant […]


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September 21, 2018 - Case Update

Before there is a flurry of over excited gifting, let me make it clear that this gift was only approved by the Court after a thorough consideration of the situation and a best interest assessment. Attorneys have very limited powers to make gift without the Court’s approval.  For example, an attorney can buy a birthday […]


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August 22, 2018 - Case Update

http://www.bailii.org/ew/cases/EWCOP/2018/17.html Readers might remember that Mr Fitzgerald, a very persistent maker of Court of Protection applications, reappeared a few weeks ago when his latest application was dismissed as without merit.  The last instalment can be found here It seems that Sir James Munby had not heard the last of the tireless Mr Fitzgerald after all.  […]


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August 7, 2018 - News

Following the recent appointment of Sir Andrew McFarlane as President of the Family Division of the High Court comes the announcement of Mr Justice Hayden’s appointment as the new Vice-President for the Court of Protection. The team at Wrigleys wish to congratulate both on their appointments and look forward to the future development of the […]


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18 Mar 2019

Schools and the provision of affordable housing

Assessing the implications of an absence of affordable housing for teachers, and considering how schools' surplus land could provide solutions.

15 Mar 2019

Can a failure to provide rest breaks under Working Time Regulations lead to personal injury damages?

Employers who refuse rest breaks may be liable for personal injury caused by the lack of breaks

12 Mar 2019

Teacher's suspension was not in breach of contract

Court of Appeal: employer had reasonable and proper cause to suspend pending investigation of allegations of unreasonable force against children