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Litigation Letter

Review

The president of the Court of Protection, Sir Mark Potter, has announced he is setting up an ad hoc committee to undertake a review of the Court of Protection Rules 2007 and the practice directions and forms which accompany the rules. He said: ‘The Court of Protection has faced a number of difficulties in its first two years and court users have complained that court procedure is too formal, particularly in relation to straightforward financial matters which are not contentious. The court has also received applications far in excess of the predicted volumes which has meant that the allocation of four full-time judges has not been sufficient to keep pace with demand. In establishing the Rules Committee, my aim is to create a set of rules, practice directions and forms that are clear and simple for lay and professional users to understand. Where possible, the committee should simplify the handling of routine property and affairs cases which constitute the majority of applications to the court, for example by slimming down some of the procedures.’

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