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'The immediate objective, in my judgment, is to devise, if this is feasible, a standardised, and so far as possible ‘streamlined’, process, compatible with all the requirements of Article 5, which will enable the Court of Protection to deal with all DoL cases in a timely but just and fair way. The process needs, if this is feasible, to distinguish between those DoL cases that can properly be dealt with on the papers, and without an oral hearing, and those that require an oral hearing.' (para )At the initial directions hearing on 8 May 2014, Sir James Munby, with the assistance of counsel, formulated 25 questions as to how the Court of Protection should handle deprivation of liberty applications.
This work provides commentary, checklists, procedural guides and precedents on the subject in a...