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Seven Bedford Row
T: +44 (0) 20 7242 3555   |   E: clerks@7br.co.uk

Court of Protection

The Court of Protection is a specialist court, established in October 2007 for all issues relating to people who lack capacity to make specific decisions. The Court makes decisions and appoints deputies to make decisions in the best interests of those who lack capacity to do so.

Members of 7 Bedford Row are instructed to undertake applications in the Court of Protection relating to the welfare of vulnerable adults, including issues of medical treatment and deprivation of liberty.

Given our expertise in cases involving children, particularly in public law cases, members of the team are extremely well placed to deal with contentious issues relating to best interests and where allegations of inappropriate care and/or physical ill treatment are raised, often against family members who are sometimes themselves elderly / vulnerable. We are well used to dealing with sensitive family matters and contentious medical issues and, where possible and appropriate, seek to avoid further distress and anxiety by negotiating the right outcome.

We are able to assist in all aspects of the Court of Protection process, whether that be by advice pre-action, assisting in the initial application or through representation thereafter.

Members of chambers are also able to assist in applications to the Court of Protection relating to the property and financial affairs of persons without capacity. 

 For further information on this, please contact Paul Eeles (peeles@7br.co.uk) Dean Farlam (dfarlam@7br.co.uk) or Mark Waterson (mwaterson@7br.co.uk).

Recent cases include:

G v B [2010] EWHC 2630 (Fam); Fam Div (Sir Nicholas Wall (President Fam)) 25/10/2010.

The President of the Family Division reminded judges conducting hearings pursuant to the Revised Private Law Programme [2010] 2 FLR 496 that consideration should be given to the safeguarding responsibilities and duties of CAFCASS arising from the Disclosure Protocol reached between CAFCASS and the Association of Chief Police Officers.

M v M [2010] EWHC 3350 (Fam)

Hague Convention child abduction proceedings in which the Court rejected defences of consent, acquiescence and Article 13(b) by a parent who was relying upon intolerability and hardship arising from criminal proceedings and his decision to give up employment and accommodation and abduct the children to England.

CW v (1) NT (2) TT (A CHILD BY HER GUARDIAN JF) [2011] EWHC 33 (Fam)

Very considerable risks of entering surrogacy agreement. Surrogate mother who changed her mind and refused to give child to father and his wife after birth is found to be better able to meet child’s needs.

A v Ward [2010] EWHC 16 (Fam) ;  Re W [2010] EWHC 205 (Fam); [2010] 1 FLR 1497

Lord Justice Munby (sitting as a Judge of the Family Division) ruled that s12 of the Administration of Justice Act can be disapplied and rejected applications of anonymity of the professionals involved to be preserved. 

G v N County Council [2009] 1FLR 774

The court granted a declaration that  the removal by a local authority of a child (subject to a care order) from its mother was unlawful, but refused an interim injunction requiring the child to be returned to the mother’s care  upon the basis that on balance the evidence supported removal.

W (Children) [2009] EWCA Civ 59

The Court of Appeal considered the status of adoption orders where miscarriage of justice is alleged. Adoption orders made in good faith on the evidence available at the time must stand.

Re P (A Child) Sub-nom SB v E County Council [2008] EWCA Civ 535: The Times, May 29, 2008

The Court of Appeal gave guidance in respect of the Adoption and Children Act 2002; the making of placement orders; post-adoption contact and the concept of “dual planning”.

BBC and CAFCASS Legal & Others [2007] 2 FLR 765

An application by BBC and Mother for disclosure of judgment in care proceedings into public domain, together with release of video diaries, for the purpose of broadcasting a documentary about the case.  Issues relating to safeguarding the anonymity of social workers, other professionals and experts.

Norfolk County Council and Webster & Others [2007] 1 FLR 1146

On an application by the BBC and Associated Newspapers Limited & Others, Mr Justice Munby permitted the media to attend and report upon care proceedings relating to Brandon Webster.  A reporting restriction order was made, to protect the identity of various witnesses/professionals. See also:

Norfolk County Council v Webster [2007] 2 FLR 415

B and B v A County Council [2007] 1 FLR 1189

Re X (Emergency Protection Orders) [2006] 2 FLR 701

Guidance given re. Emergency Protection Orders;  and the role of the applicant local authority in applying for the same.

Re K Care: (Threshold Criteria) [2006] 2 FLR 868

Life threatening injuries caused to a child will be likely to establish the threshold criteria in respect of that child’s sibling.

Latest Events

 

International Law - Child Abduction, Child Trafficking and Extradition Seminar

10 March 2011, 5.30pm

Using a working case study, a combination of criminal, extradition and family lawyers aim to highlight many of the legal and practical issues involved in dealing with central authorities and requesting states.

For a copy of the flyer for the seminar please click here.

 

Seminar on International Perspectives on Nuptial Agreements.

7 February 2011, 6.00pm

Panel discussion to be chaired by Baroness Hale of Richmond. 

For a copy of the flyer for the seminar please click here.

 

Child and Family Law Seminar

28 September 2010, 6.00pm

A seminar for experienced family lawyers, to consider contemporary legal issues and to provide a forum for discussion.

For a copy of the flyer for the seminar please click here.

 

Forced Marriage - Seminar and Panel Discussion

19 April 2010, 6.00pm

By invitation of the Child and Family Law Team at 7 Bedford Row, The Centre for Family Law and Practice held a seminar on Forced Marriage.

Rachel Langdale QC and Anita Guha, barristers at 7 Bedford Row spoke alongside Olaf Henricson-Bell of the Forced Marriage Unit and Anne-Marie Hutchinson OBE, partner of Dawson Cornwell Solicitors.

See the official flyer here.

Photos from the event can be seen by clicking here. 

 

Contact us:

Dean Farlam

Phone: +44 (0) 20 7400 7309
Fax: +44 (0) 20 7242 2511
Email: dfarlam@7br.co.uk

Paul Eeles

Phone: +44 (0) 20 7400 7305
Fax: +44 (0) 20 7242 2511
Email: peeles@7br.co.uk