In the next instalment of The National Will Register’s Expert Webinar series for the private client industry, barrister Mark Baxter takes a look at what to consider with Case Management in the Court of Protection.
Presented by Mark Baxter, Barrister, 5 Stone Buildings.
Thursday 24th February 2022, 12pm – 1pm.
Registration link: https://event.on24.com/wcc/r/3633105/67DB32475B857661D8522E7A8932C7D1?partnerref=TWP
When exercising its substantive jurisdiction to make decisions on behalf of “P”, the Court of Protection is required only to act in P’s best interests.
In exercising its procedural jurisdiction to case manage an application through to that point, though, the Court is required to act in accordance with the overriding objective of the Court of Protection Rules, which takes in much wider considerations similar to that under the CPR, such as equality of the parties.
This talk considers the extent to which the Court’s exercise of its procedural powers is informed by the nature of its substantive jurisdiction to take a different approach to case management than is found in the civil courts, with particular reference to who is to be party to an application and the summary disposal of applications. Identifying the proper parties to a statutory will application can be particularly burdensome, and the talk will also consider how a Certainty Will Search may assist.
About the speaker: Mark has a thriving traditional Chancery and Court of Protection practice and accepts instructions in both contentious and non-contentious matters across the full range of Chambers’ core practice areas. He appears regularly in the High Court, County Courts (especially Central London), Court of Protection, and at mediations. In the Court of Protection, Mark regularly acts, particularly for high net worth families, in disputed LPA registrations and deputyships, often including welfare aspects, as well as in statutory will applications. Mark has been described by Chambers UK as “technically superb, very good with clients, and a very persuasive advocate”.
