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The Family Lawyer and the Court of Protection

ISBN: 978-1846612077

6 December 2010

The fear of the first time is acute. The first time I advocated in the magistrates’ court – to represent a youth defending the taking of a mauve Jaguar E type without consent on the basis that because of poor nocturnal street lighting he mistook it for a red Jaguar E type which he believed the owner would have been happy for him to remove – I was approached by a member of the public who enquired: “Is this your first case, mate?” He was concerned at incessant pacing being perpetrated by the virgin advocate.

The first time fear is no less acute when it strikes in the privacy of a solicitor’s office. For the practitioner confronted with a conundrum involving the law on mental capacity it will be particularly intense and trebly worse than the enforceability of negative easements or appearing before a rent tribunal. The practitioner may be lucky and escape mental capacity for a year or two but never permanently. A client may lose capacity. The solicitor may be consulte...

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