Website Cookie Policy

We use cookies to give you the best possible online experience. If you continue, we’ll assume you are happy for your web browser to receive all cookies from our website.
See our cookie policy for more information.

Practice Areas

More Information

thepartners@wrigleys.co.uk

Leeds: 0113 244 6100

Sheffield: 0114 267 5588

FOLLOW WRIGLEYS:

Court of Protection

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

Court of Protection Home

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 […]


read more
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.  […]


read more
July 24, 2018 - Case Update

Readers of the blog might remember Desmond Maurice Allan Fitzgerald, who featured in a previous posting which can be found here. The original dispute was about the affairs of A, Mr Fitzgerald’s aunt. A’s niece, C, was appointed as A’s deputy in May 2013.  Mr Fitzgerald had objected to this.  In fact Mr Fitzgerald objected […]


read more
February 12, 2018 - Case Update

Last week saw the publication of Senior Judge Hilder’s review of the appointment of trust corporations to act as a property and affairs deputy for a protected party, and in particular what information is necessary for the Court to be satisfied that a trust corporation is a fit and proper person to be appointed as […]


read more
July 19, 2017 - Case Update

This has been hitting the headlines and law reports again recently. We look at the recent cases and include 3 tips for litigators to get the best value out of professional Deputies


read more
June 22, 2017 - Case Update

The case of JR v Sheffield Teaching Hospitals NHS Foundation Trust provides useful guidance from the Court on what costs are reasonable.


read more
April 6, 2017 - Case Update

A recent case warns attorneys about higher risk investments that benefit the attorney personally through IHT reliefs.


read more
January 20, 2017 - Case Update

Not in this case, which involved a statutory will application brought in accordance with a previous court-approved compromise agreement


read more
December 30, 2016 - Case Update

A Judge orders independent advice on the appropriateness of a PI Trust and warns that courts won’t merely “rubber stamp” settlements.


read more
November 22, 2016 - Case Update

‘Yes’ says the court in the matter of Mrs Ann Clarke


read more
November 11, 2016 - Case Update

In this case the Court of Protection looked at whether a person who lacks capacity should have a trust or a deputyship. The Court also gave some guidance on what evidence it expects to see in similar cases.

We feature the Court’s summary guidance and our own comment below.


read more
October 21, 2016 - Case Update

LPA donors are now able to appoint attorneys through advance specification in their LPA so that a surviving jointly appointed attorney can continue to make decisions on their own should the other co-attorney be unable to act.


read more
12 Dec 2018

Enfranchisement reform - implications for community-led housing

We look at the impact of proposed changes to enfranchisement law – community-led housing (CLH) groups should respond before 7 January 2019.

30 Nov 2018

Will a refusal to offer a trial period make a redundancy dismissal unfair?

Yes, the refusal of a contractual right to a four week trial period in an alternative role is very likely to lead to an unfair dismissal (EAT).

30 Nov 2018

Can an employee be dismissed for incapability if their contract provides long-term disability benefits?

Incapability dismissal may be unfair and discriminatory if employee is contractually entitled to income when incapacitated by permanent disability.