Court of Protection Practice and Procedure 2012 a Comprehensive Guide to Best Practice and Current Thinking
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SPECIAL OFFER CPD BOOK YOUR PLACE BEFORE 5 HOURS 13 AUGUST AND SAVE 10% 40 MINUTES ONE-DAY EVENT Court of Protection Practice and Procedure 2012 A comprehensive guide to best practice and current thinking Copthorne Tara Hotel, Scarsdale Place, Wright’s Lane, Kensington, London W8 5SR Monday 15 October 2012 • £220 + VAT Jordans is delighted to bring experienced Court of Protection practitioners this newly designed conference. The day has been structured to provide you with an update on recent developments so that you are equipped to advise clients quickly and effectively. The conference will feature: 4 A keynote address from the President of the Court of Protection 4 A workshop led by an experienced designated COP judge providing practical guidance on tricky procedural issues Keynote Speaker 4 Best practice advice on dealing with the Sir Nicholas Wall President of the Family Division, Head of deprivation of liberty safeguards on the Family Justice and President of the Court of Protection ground 4 P ractical tips when dealing with cases Chair involving fluctuating capacity District Judge Marc Marin Barnet Civil and Family Court 4 G uidance from an experienced deputy on Centre and Nominated Judge of the Court of Protection the role and scope of a deputy’s powers Speakers 4 The opportunity to enhance your District Judge Gordon R Ashton OBE Nominated Judge understanding of the COP jurisdiction of the Court of Protection and Visiting Professor in Law at 4 T he chance to discuss solutions to Northumbria University common practice issues with specialist Victoria Butler-Cole Barrister, 39 Essex Street Chambers nominated COP judges Alexander Ruck Keene Barrister, 39 Essex Street Chambers Martin Terrell Partner, Thomson Snell & Passmore For@ more information or to book your place: Visit: www.jordan-training.co.uk/courtppp Call: +44 (0)117 918 1490 Post: complete and post back the @ Email: [email protected] @ Fax: +44 (0)117 925 0486 registration form @ @ Court of Protection-5.indd 1 11/07/2012 12:49 Court of Protection Practice and Procedure 2012 A comprehensive guide to best practice and current thinking This one-stop-shop conference is a must attend event for all Court of Protection specialists. The increasing body of Court of Protection case-law means that practitioners need comprehensive and reliable guidance on fast moving developments. Jordans have assembled an exceptional speaker team consisting of several specialist COP judges, barristers and a solicitor to guide you through all of the latest developments. The conference will be chaired by District Judge Marin and feature a keynote address from Sir Nicholas Wall, President of the Family Division and Court of Protection. Alexander Ruck Keene will share his insights on the deprivation of liberty safeguards and give you the tools that you need to make ECHR-compliant decisions. Experienced solicitor deputy, Martin Terrell explores how best to deal with conflicts of interest between P and family members when acting as a deputy and District Judge Marin will lead a workshop which will guide you through the circumstances in which the court is likely to depart from general costs rules. Victoria Butler- Cole will address effective decision-making in cases involving fluctuating capacity and District Judge Ashton OBE, will consider whether the new COP jurisdiction strikes the right balance between empowerment and protection. Sponsorship and Exhibition Opportunities Don’t miss out. Book your place today to get essential guidance for effective working within the Court of Protection. Exhibiting at a Jordans event will allow you to position your organisation at the forefront of the legal market. This event will provide an excellent What is Included? platform for you to raise your company’s profile in 4 Best value update training from an unrivalled team of specialist front of key industry participants and showcase your COP judges and practitioners expertise and services to new clients. 4 Tips and strategic advice for more effective working in the COP For more information about the range of opportunities 4 A comprehensive annual update for experienced COP available please contact James Williams-Lock: Tel: 0117 918 1295 practitioners Email: [email protected] 4 Cutting edge knowledge about new legal developments 4 Intermediate/advanced level update training 4 Plus! The chance to buy selected Jordans and Family Law Continuing Professional Development publications and online services at 20% discount Under the Solicitors Regulation Authority and ILEX’s Continuing Professional Development Schemes this conference Who Should Attend? will receive a credit of 5 hours CPD 40 minutes. Under the Bar Standards 5 HOURS Any member of the legal and/or medical profession who comes Board New/Established Practitioner 40 MINUTES into contact with, advises and/or acts for vulnerable clients and Programmes this conference will receive their family/carers. a credit of 5 hours 30 minutes. For@ more information or to book your place: Fax: +44 (0)117 925 0486 Visit: www.jordan-training.co.uk/courtppp Post: complete and return the @ registration form on the back page @ Email: [email protected] QR Scan: use your smartphone to Call: +44 (0)117 918 1490 scan the QR code opposite @ @ Court of Protection-5.indd 2 11/07/2012 12:49 Programme Keynote Speaker Sir Nicholas Wall President of the Family Division, Head of Family Justice 09.30 REGISTRATION AND COFFEE and President of the Court of Protection Sir Nicholas Wall was called to the Bar (Gray’s Inn) in 1969 and became 10.00 Chair’s Opening Remarks a Bencher in 1993. Sir Nicholas took Silk in 1988. He sat as an Assistant District Judge Marc Marin Recorder from 1988 to 1990 and as a Recorder from 1990 to 1993. He 10.10 Tying Ourselves into (Gordian) Knots? Deprivation of Liberty was Family Division Liaison Judge (Northern Circuit) from 1996 to 2001 and the MCA 2005 and a Judge in the Employment Appeal Tribunal between 2001 and 2003. Alexander Ruck Keene A Judge of the Administrative Court from 2003 to 2004. Sir Nicholas was • Article 5 and the MCA 2005: core principles appointed to the Lord Chancellor’s Advisory Board on Family Law (1997 • Grappling with the principles in the courts to 2001) and was Chairman of the Children Act Sub-Committee (1998 to • Applying those principles on the ground: DOLS and non-DOLS 2001). Sir Nicholas was a Judge of the Family Division of the High Court • Case studies: Sessay and ZH: the police, emergency situations from 1993 until 2004 and was then promoted to the Court of Appeal. Sir and admissions to hospital Nicholas has edited, written and contributed to a number of practitioner texts and speaks on family law and Court of Protection work. 11.00 COFFEE Chair 11.15 The Life of the Deputy under the Mental Capacity Act Martin Terrell District Judge Marc Marin Barnet Civil and Family Court Centre and • The role of the deputy under MCA 2005 Nominated Judge of the Court of Protection • Dealing with P – who is the client? Marc is a nominated judge of the Court of Protection. He sits both at the • Dealing with the Court of Protection and Public Guardian court’s main registry at the Royal Courts of Justice and at Barnet Civil • Dealing with family members and Family Court Centre. He is the author of The Family Lawyer and • Getting the right deputy appointed the Court of Protection (Family Law), co-author of Court of Protection • Changing and removing the deputy Practice (Jordans) and editor of the Elderly Client Journal and the Court of Protection Law Reports (Jordans). Marc also lectures widely on the work 12.00 Costs in the Court of Protection District Judge Marc Marin of the Court of Protection. • Review of the costs rules • The court’s approach to costs in contentious cases Speakers • Circumstances in which the court will depart from the general District Judge Gordon R Ashton OBE Nominated Judge of the Court of rules Protection and Visiting Professor in Law at Northumbria University • LB Hillingdon v Neary [2011] EWHC 3522 (COP) and other cases of note Gordon was appointed a District Judge at Preston, Lancashire in 1992 after 28 years in general legal practice. He now sits part-time at small courts in 12.50 Question and Answer Session the Lake District. He is a tutor judge at the Judicial College and a patron of Solicitors for the Elderly and was a part-time Chair of Social Security 13.00 LUNCH Appeals Tribunal (1985–2001). He writes and lectures extensively on topics concerned with older and disabled people and the law. His books include 14.00 Capacity: Problem Areas Mental Handicap and the Law, Elderly Client Handbook, Elderly People and Victoria Butler-Cole the Law, Older Client Law Service and the new edition of Mental Capacity • Fluctuating capacity – Law and Practice (Jordans). He is general editor of Court of Protection • Capacity to consent to sexual relations Practice 2012 (Jordans) and in 2010 he was awarded the OBE for “Services • P’s role in a contested capacity hearing to the Administration of Justice and to Disabled People”. 14.50 AFTERNOON TEA Victoria Butler-Cole Barrister, 39 Essex Street Chambers Victoria frequently appears in the Court of Protection on behalf of families, 15.05 Getting off on the Right Foot: Practice and Procedural Workshop statutory bodies and the Official Solicitor in cases involving welfare, District Judge Marc Marin financial and medical matters. She is recommended in Chambers and Case study discussion of the fictional case of P, illustrating Partners 2012 for Court of Protection work as a ‘star performer and very practical hints and tips on: persuasive advocate’. She co-edits the Court of Protection Law Reports • Applying the COP Rules correctly (Jordans) and is a contributing editor to Clayton and Tomlinson The Law of • Overcoming common problems Human Rights.