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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 28975
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Do you cover court of protection law? United kingdom, None,

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Hello, do you cover court of protection law?
JA: Where is this? It matters because laws vary by location.
Customer: United kingdom
JA: What steps have been taken so far?
Customer: None, I'm asking advice how to
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: not at this moment
Customer: replied 14 days ago.
I want to appeal about the decision in a hearing in a court of protection case, but we feel also that there were hearing procedural irregularities and want to ask for a re-hearing - can we do this? What steps should we take?
Customer: replied 14 days ago.
We were impacted greatly to get trusted personal legal advice because of the pandemic, and feel that we have been unjustly and seriously disadvantaged in the hearing because of the current covid19 restrictions etc...
Customer: replied 14 days ago.
We understand that time limits apply - we are waiting to get court transcripts can we appeal because we are also waiting for them, but not for an appeal but like I have suggested a re-hearingThank you kindly for your assistance with this
Customer: replied 14 days ago.
Thank you for your assistance kindly with these matters
Joanna
Customer: replied 14 days ago.
This is the first time of using your service
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 13 days ago.
I’m so pleased to have heard from you kindly - yes I’m happy to wait .
Thank you so much
Joanna

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?

Customer: replied 13 days ago.
Thank you Joshua,I really need your assistance - I look forward to hearing from you kindly
Joanna

how may I assist? Do you have some queries or questions in relation to the issues you describe above?

Customer: replied 13 days ago.
Dear *****,I did provide further information, last night but it got blocked suggesting multiple same questions, but actually, i did provide a little more informationCan i just ask you do you have 'court of protection' experience, as the rules are so complexedThank you for your continued assistance...

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.

Customer: replied 13 days ago.
Its a case regarding capacity and revoking and POA and appointing a full-time deputy based on information collected by the Office of the public guardian that was untrue and misleading and yes you say cop specialist are rare breeds, I know - so this time I must get the specialist assistance - hence why I have reached out to this service
Customer: replied 13 days ago.
As I have been provided ambiguous information in the past - that's another reason why i am looking for a re-hearing rather than an appeal or at least extra time to consider matters as they stand....
Customer: replied 13 days ago.
I appreciate a solicitor can't know all subjects, but if you can kindly find out if I could get a re-hearing especially in these very challenging times - and help me with the wording in a cop, I would be most appreciative...
If I get that rehearing then Maybe I can find a legal team who can assist me with this going forward being in a stronger position
Thank you kindly...
Customer: replied 13 days ago.
Is this a bad time, ultimately, due to the bank holiday?
  1. my sincere apologies for the delay in reverting to you. I have been out of the office on an appointment. May I confirm if you are within the 21 day period from the date of the decision of the court please?
  2. I assume from what you say that the hearing has been held and a decision not to revoke the LPA was made?
Customer: replied 13 days ago.
I still am - hence my enquires
Customer: replied 13 days ago.
No, it is to revoke
Customer: replied 13 days ago.
we strongly object
Customer: replied 13 days ago.
My mother who this relates to has also been given 28 days to appeal
Customer: replied 13 days ago.
she strongly objects
Customer: replied 13 days ago.
I am quite able to do the forms but would likely need help with the mistrial or an appeal

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:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/687954/cop35-eng.pdf

Customer: replied 13 days ago.
You are reiterating what I have read - I did read the court rules - there were procedural errors , my video camera didn’t work - the judge didn’t look or comment on our submission - and the big one was the pandemics , which I know isn’t written in the rules , but in my opinion should be a factor why we were not ready for the hearing either !!
Customer: replied 13 days ago.
We have asked for the court transcript - and waiting on it
Customer: replied 13 days ago.
at the pre hearing there were other procedural regularities which the the court have acknowledge and I have that in writing - al this taking place in the pandemic - in uncertain times - on the back of mistruths and some lies by the OPG and their counterparts ,
Customer: replied 13 days ago.
I feel caught in a trap - like the post office people - when the computer said NO!!

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.

Customer: replied 13 days ago.
You are so kind to give me this information ...
Customer: replied 13 days ago.
Remind me who the repellent is

I'm glad the above is of some assistance. The Appellant is the person making the appeal

Customer: replied 13 days ago.
I know not to miss the deadline - but at the last hearing the applicant missed theres and there
Submission was allowed
Customer: replied 13 days ago.
my mum can appeal - she’s been given that option today
Customer: replied 13 days ago.
their submission !!
Customer: replied 13 days ago.
Shall I go ahead and let my mother 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

Customer: replied 13 days ago.
Joshua
You have been fantastic - if I need more information can I kindly come back to you - you have been marvellous
Customer: replied 13 days ago.
Dear *****, you have been brilliant and I will rate you...
I know I will need more of your assistance..Do you think you could word me something professional for filling out our appeal - or is that out of your remit?

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

Customer: replied 13 days ago.
Have a lovely weekend Joshua

thank you. And you

Joshua, Lawyer
Category: Family Law
Satisfied Customers: 28975
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Family Law Specialists are ready to help you
Customer: replied 9 days ago.
Dear *****,Good morning,
Can I continue to ask you a couple of questions regarding the Appellant's notice - regardings Note 4?Could you kindly explain some of the terminology as I would not wish to miss out on any opportunity at this stage?Kindest
Joanna