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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.
How may I assist in relation to the above please?
how may I assist? Do you have some queries or questions in relation to the issues you describe above?
I apologise for any inconvenience you experienced in relation to the interface. I can see that you have opened three other questions and it looks like these have been closed possibly as they were deemed duplicates. unfortunately I therefore cannot see any of the information you may have posted there. I have experience with CoP though I do not exclusively specialise in such matters - specialist CoP lawyers are a relatively rare breed. If you are able to kindly outline your queries in relation to the above, certainly so far as I am able, I will try to assist.
thank you. appeals in relation to court of protection decisions are dealt with by part 20 of the court of protection rules 2017. Other than in exceptional circumstances, an appeal must be made within 21 days of the date of the decision that you seek to appeal. appeals will be limited to reviewing the decision the original judge made unless you can demonstrate that it is in the interests of justice that a rehearing be held and that the appeal cannot be properly considered and a just outcome reached without a complete rehearing on the facts.
In order to establish the basis of the appeal, whether it is to be by way of rehearing or not, you need to demonstrate that the decision of the original judge was wrong in law or unjust as a consequence of a serious procedural error or some other irregularity in the proceedings.
In any appeal rehearing, you cannot introduce new evidence that was not presented at the original hearing without the permission of the appeal judge
An application in respect of any appeal can be made using the following form:
thank you. If you are not in a position to submit an appeal because you are waiting on certain elements, as is the case with other courts, it is sensible to submit the appellant's notice with such skeleton argument as you are able to make at this point and specifically provide that at the time of submission, you still await xxx and that following receipt that you will submit those additional documents together with a further statement. Typically, the court will then delay substantive administrative steps in relation to your appeal until you have submitted the outstanding documents and any further statement all the court will issue directions in this regard. Delaying and missing an appeal deadline is a poor alternative.
I'm glad the above is of some assistance. The Appellant is the person making the appeal
it is ass regards ***** ***** of a trial judge as to whether to forgive any missed deadlines. There is generally some degree of flexibility afforded particularly where a party is not represented in respect of allowing evidence. Appeals are generally enforced more strictly. If your mother wishes to appeal, then she should ideally do so before the deadline on the above basis
I'm glad the above has been of some assistance. I am limited in what I can provide via this service as the service is principally a legal information service rather offering representation. If you have any questions as regards ***** ***** I am happy to assist. In terms of actually preparing an appeal, you would probably need to consider appointing formal representation in this respect perhaps for example through a barrister specialising in court of protection work
thank you. And you