Litigation friends or foes?: representation of 'P' before the Court of Protection

Ruck Keene, Alex and Bartlett, Peter and Allen, Neil (2016) Litigation friends or foes?: representation of 'P' before the Court of Protection. Medical Law Review, 24 (3). pp. 333-359. ISSN 1464-3790

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Abstract

This paper argues that, properly analysed, the common law and the European Convention on Human Rights (‘ECHR’) march hand in hand with the provisions of the Mental Capacity Act 2005 (‘MCA 2005’) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection (‘P’) which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms.

Item Type: Article
Keywords: Best interests; Capacity; Court of Protection; Legal representation; Litigation friends
Schools/Departments: University of Nottingham, UK > Faculty of Social Sciences > School of Law
Identification Number: 10.1093/medlaw/fww016
Depositing User: Bartlett, Peter
Date Deposited: 31 May 2016 07:23
Last Modified: 21 Jul 2017 13:36
URI: http://eprints.nottingham.ac.uk/id/eprint/33625

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