title: Litigation Friends or Foes? Representation of 'P' before the Court of Protection.
abstract: This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection ('P') which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms.
authors.affiliation: 39 Essex Chambers, London, Honorary Research Lecturer at the University of Manchester, Manchester, UK, Wellcome Trust Research Fellow, Kings College London, London UK alex.ruckkeene@39essex.com.
authors.forename: Alexander
authors.initials: A
authors.lastname: Ruck Keene
authors.affiliation: Faculty of Social Sciences, University of Nottingham, Nottingham, UK.
authors.forename: Peter
authors.initials: P
authors.lastname: Bartlett
authors.affiliation: 39 Essex Chambers, London, Senior Lecturer, School of Law, University of Manchester, Manchester, UK.
authors.forename: Neil
authors.initials: N
authors.lastname: Allen
mesh_terms: D006806:Human Rights / Q000331:legislation & jurisprudence*; D006801:Humans
keywords: Best interests; Capacity; Court of Protection; Legal representation; Litigation friends