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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

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 […]


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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 […]


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February 5, 2018 - Guidance

Hot on the heels of the PP case, in January 2018 the Office of the Public Guardian has offered an updated practice note for attorneys and deputies. There are some very helpful reminders for attorneys and deputies in this note. The definition of a gift is wider than many people would think and the OPG […]


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December 20, 2017 - News

On 7th March 2018, Wrigleys are holding a conference which will look at the regulatory structure underpinning the direct employment of carers to look after persons who are privately funding that care. The conference will be of interest to: • Litigators claiming care costs in personal injury cases. • Experts providing evidence in care cases • Case managers […]


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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


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June 26, 2017 - News

Reflections on an enjoyable and interesting 2017 Conference


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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.


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June 6, 2017 - News

Thank you to everybody who attended an excellent conference yesterday in Leeds.

We heard from 6 excellent speakers and enjoyed some interesting debate on current issues and future developments.

Details of all the speakers are below.


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March 2, 2017 - Guidance

This Law Society guidance has been eagerly awaited by solicitors and other professionals.

The practice note is available here which includes a very useful flow chart and precedent letters.


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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


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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.


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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.


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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.