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The Official Solicitors Role in legal proceedings

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... proceedings covered by CPR 21 and family law ... Act as lay client not solicitor. Substitute for client's lack of capacity to provide instructions. ... – PowerPoint PPT presentation

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Title: The Official Solicitors Role in legal proceedings


1
The Official Solicitors Role in legal proceedings
  • The difficult cases

2
The Official Solicitors Role
  • Acting as litigation friend of last resort for
    children or protected parties in all legal
    proceedings covered by CPR 21 and family law
    proceedings (not criminal or tribunals).
  • Act as lay client not solicitor.
  • Substitute for clients lack of capacity to
    provide instructions.

3
The Official Solicitors Role Continued
  • Only where there is no one else suitable to act
    as litigation friend.
  • Costs must be covered

4
The Mental Capacity Act
  • The MCA has not significantly altered the OS
    role.
  • Increased best interests case load.
  • Greater appreciation of capacity issues.
  • Inherent Jurisdiction best interests cases are
    now heard in the CoP by District Judges not High
    Court Judges.
  • Regional Courts linked with County Courts.

5
The types of cases where the OS becomes involved.
  • Personal Injury / Medical Negligence (County
    Court).
  • Limitations of OS role in PI proceedings. (need
    for deputy)
  • Judicial Review (High Court admin division)
  • Best interests (Court of Protection)

6
Where Personal Injury and Best interests
collide/combine. The difficult cases
  • Residence
  • Care
  • Contact
  • Obstructive family members

7
The difficult cases Cont.
  • Who can make best interests decision
  • When is a Court of Protection claim required
  • Who should bring the Court of Protection claim?
  • Who should be a party?

8
Involvement of the Local Authority.
  • Assisting with care planning
  • Addressing adult welfare concerns or residence
    disputes
  • Sowden v Lodge 2004
  • Freeman v Lockett 2006

9
Case studies.
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