Is there something unique about being a lawyer or judge in the Court of Protection (CoP)? Could this uniqueness have something to do with the values that CoP professionals have? This conference on 2o June 2022 at the British Academy in London will look at these questions, as well as key practical challenges for lawyers, participants, and decision-makers who are charged with applying the Mental Capacity Act 2005 in England and Wales. Drawing on the academic research conducted through the Judging Values and Participation in Mental Capacity Law project (including close to 60 in-depth interviews with CoP practitioners and retired judges), issues to be explored include:
- How values orient legal professionals in practising and judging in the CoP;
- The law and reality of considering P’s values in best interests decision-making;
- The challenges of effective participation in the CoP and why “P-centricity” is so hard to achieve in practice;
- How academic research and legal practice in the CoP can mutually and productively inform one another;
- Potential areas for training for CoP legal professionals;
- What might be learned from other international mental capacity regimes.
The conference fee is £25 and a buffet lunch and refreshments will be provided. The conference will be followed by a drinks reception.
As well as presentations by the Judging Values project team, distinguished panel speakers include: Former President of the Supreme Court Baroness Brenda Hale of Richmond, Former High Court Judge Sir Mark Hedley, Former Senior Judge of the Court of Protection Denzil Lush, Former District Judge of the Court of Protection Margaret Glentworth, Victoria Butler-Cole QC (39 Essex Chambers), and Alex Ruck Keene (39 Essex Chambers, King’s College London).
The day will feature plenary sessions as well as break-out thematic discussions that will both inform and facilitate the reflections of conference participants. The event is well suited to contribute to ongoing CPD requirements for both solicitors and barristers, and will be of interest to academics of mental capacity law.
The conference is funded by the Arts & Humanities Research Council and represents the culmination of the Judging Values project, which explores how the values of legal practitioners and judges influence the principles and procedures in mental capacity law. For more information about team members, outputs, and conference agenda, visit the project website.
For more details, and to book, see here.