Annual Lecture 2020 – 10 December 2020
Sir James Munby delivered the 2020 annual lecture, entitled “Whither the Inherent Jurisdiction?”. A recording of the webinar can be found in the Members’ Area here, and a written version of his lecture can be found here.
Assessing Capacity – 3 December 2020
This webinar featured Mungo Wenban-Smith (39 Essex Chambers): Capacity silos with reference to residence and care; Bridget Dolan QC (Serjeant’s Inn): Expert evidence on capacity – is the issue of whether a person has capacity a matter for experts or judges?; Andrew Bagchi QC(1 GC): A focus on “relevant information” with particular reference to capacity to engage in sexual relations and Baker LJ’s dicta in JB; Katie Gollop QC (Serjeant’s Inn): The separation of and interaction between litigation and subject matter capacity. Slides and a recording of the webinar can be found in the Members’ Area here.
International Mental Capacity and Schedule 3 MCA 2005- 4 November 2020
This webinar featured Claire van Overdijk (Outer Temple Chambers), David Rees QC (5 Stone Buildings) and Alex Ruck Keene (39 Essex Chambers) looking at international mental capacity and Schedule 3 to the MCA 2005. Slides and a recording of the webinar can be found in the Members’ Area here.
The Court of Protection (Property and Affairs) – 13 October 2020
This webinar featured Naomi Winston (10 Old Square), Claire van Overdijk (Outer Temple Chambers) and Hugh Cumber (5 Stone Buildings) providing an introduction to the Court of Protection’s property and affairs jurisdiction. Slides and a recording of the webinar can be found in the Members’ Area here.
The Court of Protection (Health and Welfare) – 30 September 2020
This webinar featured Rosie Scott (39 Essex Chambers), Rhys Hadden (Serjeant’s Inn) and Alex Ruck Keene (39 Essex Chambers) providing an introduction to the Court of Protection’s welfare jurisdiction. Slides can be found in the Members’ Area here.
Trusts – back to basics – 21 July 2020
This webinar featured Richard Dew, Georgia Bedworth and James Kirby (all Ten Old Square) on Trusts – Back to Basics. Slides can be found in the Members’ Area here.
Sex and marriage and the CoP and the Care Act – 16 July 2020
This webinar featured Andrew Bagchi QC (Garden Court) talking about sex and marriage and Fiona Scolding QC (Landmark Chambers) talking about the COP and the Care Act.
Young people and deprivation of liberty and LPA validity – 1 July 2020
This webinar featured Eliza Eagling (5 Stone Buildings) talking about the validity of LPAs, and Malcolm Chisholm (Garden Court) on Young people and Deprivation of Liberty in the Court of Protection. Slides from Malcolm’s talk can be found in the Members’ Area here.
Inquests, statutory wills and Trusts – 23 June 2020
This webinar featured Katie Gollop QC (Serjeants’ Inn Chambers) on inquests, in particular the decision in (Maguire) v HM Senior Coroner for Blackpool & Flyde  EWCA Civ 738, Richard Dew (Ten Old Square) on statutory wills, and Georgia Bedworth (Ten Old Square) on trusts in the Court of Protection. Slides can be found in the Members’ Area here.
Damages claims and gift-making – 10 June 2020
This webinar featured Bridget Dolan QC (Serjeants’ Inn Chambers) on how to bring successful claims for damages under the Human Rights Act 1998 on behalf of protected persons and William East (5 Stone Buildings) on the rules relating to gift making on behalf of a protected person and the recent cases on this topic. Slides for William’s talk can be found in the Members’ Area here.
ACC and force-feeding webinar – 2 June 2020
This webinar on 2 June 2020 featured Joanne Clement (11KBW) and Ruth Hughes (5 Stone Buildings) on the case of ACC & Ors (property and affairs deputy; recovering the legal costs of proceedings)  EWCOP 9 which clarified the scope of ordinary authority granted to a property and affairs deputy on their appointment and identified situations in which specific authority would be required to recover costs from the protested person which had been incurred in seeking legal advice on their behalf. It also featured Michael Mylonas QC (Serjeants’ Inn Chambers) on the approach to be taken when considering the force-feeing of capacitous patients who are detained under the Mental Health Act 1983 and more generally on the use of section 63 of the Mental Health Act 1983 when treating patients against their will. Slides can be found in the Members’ Area here.
MCA decision making in the time of COVID-19 for those in care homes and supported living – 28 May 2020
DOLS Debate 4 March 2020
There was a debate about the definition of deprivation of liberty chaired by DJ Anselm Eldergill at Doughty Street Chambers on 4 March 2020 at which Alex Ruck Keene and Ulele Burnham spoke. Alex spoke to this paper, and DJ Eldergill’s article asking “Are all incapacitated people confined in a hospital, care home or their own home deprived of liberty?” can be found here.
CPBA and PDF forum January 2020
The CPBA and the Professional Deputies Forum held a joint event in London on 28 January 2020 focusing on Health and Welfare issues within the Court of Protection featuring speakers from the Official Solicitor and a panel discussion including Vikram Sachdeva QC, Victoria Butler Cole QC and Claire van Overdijk.
nnual dinner – 20 November 2019
The CPBA Annual Dinner took place on the evening of 20 November 2019 at Middle Temple. The Guest Speaker was Sir Alan Ward.
Autumn seminar – 28 October 2019
An update seminar was held on 28 October 2019, topics including: Fluctuating Capacity – Sophia Roper and Anna Tkaczynska; recent Cases on LPAs – Alex Cisneros; Medical Treatment Update – Vikram Sachdeva QC; Cross-over between Education and COP – Ian Brownhill; Appointment of Welfare Deputies – David Rees QC; Inherent Jurisdiction – David Lock QC ; Cross Border Mental Capacity – Claire van Overdijk; Capacity to Consent to Sexual Relations – Andrew Bagchi QC. Slides can be found in the Members’ Area here.
July seminar – 10 July 2019
A seminar on powers of attorney, best interests issues and deputies was held on 10 July, chaired by Senior Judge Hilder, the speakers being David Rees QC and Claire van Overdijk. The slides from Claire van Overdijk’s presentation can be found in the Members’ Area here.
Inaugural lecture – 25 June 2019
The CPBA inaugural lecture, delivered by the Vice-President of the Court of Protection, Mr Justice Hayden, was held on 25 June 2019. The Vice-President delivered a ‘state of the nation’ address, highlighting the profile and complexity of the work of the Court of Protection, the demands of responsible journalism relating to cases before the court, and the tension between autonomy and protection exemplified by the Meyers case.