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Deputy meaning

What does Deputy mean?
Someone appointed by a court to make decisions for an adult who lacks capacity. In England and Wales, a deputy is appointed by the Court of Protection under the Mental Capacity Act 2005 (MCA 2005). Deputies usually manage property and financial affairs; health and welfare deputies are rarer and authorised where necessary. A deputy must act in the person’s best interests, within the scope of the order, follow the MCA 2005 and its code of practice, keep proper accounts, report to the Office of the Public Guardian. Appointment is typically considered where there is no valid lasting power of attorney or the attorney cannot act. Usage differs by jurisdiction. Scotland does not use ‘deputy’; the nearest equivalents are financial or welfare guardians or interveners under the Adults with Incapacity (Scotland) Act 2000. In Northern Ireland, the High Court (Office of Care and Protection) currently appoints ‘controllers’ for property and affairs under the Mental Health (Northern Ireland) Order 1986; the Mental Capacity Act (Northern Ireland) 2016 provides for court-appointed deputies as it is commenced. In Ireland, the comparable role is a decision-making representative appointed under the Assisted Decision-Making (Capacity) Act 2015, supervised by the Decision Support Service.
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CHECKLISTS
Applications for reporting restriction orders in family proceedings: procedural flowchart under the Family Procedure Rules 2010 PD12I and Cafcass Practice Note (England and Wales)

This flowchart sets out the steps to be taken on an application for a reporting restriction order under the Family Procedure Rules 2010, PD 12I (Applications for reporting restriction orders) and the Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders), also known as the Cafcass Practice Note. For comprehensive, practical guidance on each stage shown and on transparency in the family courts—covering overviews, Practice Notes, precedents, procedural guides, client guides, legislation, forms and further reading—see: Media access and transparency—overview, or select the related documents listed on the right-hand side of the flowchart. For focused guidance on reporting restriction orders, consult the following Practice Notes: Reporting restriction orders—procedure Reporting restriction orders and notifying the media For information about providing advance notice to the media of a reporting restriction order application, refer to: Giving advance notice to the media of a reporting restriction order application—flowchart. For the full collection of Lexis+® UK flowcharts spanning numerous...

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CHECKLISTS
First Appointment in Financial Remedy Proceedings (standard procedure) under FPR 2010: procedure, directions, expert evidence, interim orders, NCDR adjournments, and FDR listing with post‑appointment steps (England and Wales)

STOP PRESS: The Financial Remedies Guide 2026, issued on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, replaces and supersedes the following: Statement on the efficient handling of financial remedy cases assigned to a High Court judge, whether sitting at the Royal Courts of Justice or in any other venue (1 February 2016) (the High Court judge level efficiency statement) Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) Financial Remedies Court Primary Principles document (11 January 2022) Notice from the Financial Remedies Court on electronic bundles (19 April 2022) Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...

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CHECKLISTS
Freezing Orders (Mareva) in Family Financial Remedy Proceedings: Procedure, Evidence, Service, Orders and Costs (England and Wales)

STOP PRESS: The Financial Remedies Guide 2026, released on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, now replaces and supersedes: the Statement on the efficient conduct of financial remedy cases assigned to a High Court judge, whether heard at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...

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NEWS
ArbitrateAD: Abu Dhabi’s new arbitration centre and rules—ADGM default seat, consolidation/joinder, emergency and expedited procedures, award scrutiny, technology, and transitional regime

The team behind arbitrateAD The registry Kristin Campbell-Wilson has now taken up the role of executive director at the newly established Abu Dhabi International Arbitration Centre. Bringing more than twenty years’ international arbitration expertise, she most recently served at the SCC Arbitration Institute, first as deputy secretary general and subsequently as secretary general. Her selection clearly underscores arbitrateAD’s strong focus on streamlined case administration in practice. It likewise marks a positive step for gender balance within the sector. The court The arbitrateAD Court (the Court) exercises oversight of arbitrations conducted under the arbitrateAD Rules. Under the arbitrateAD Rules, the Court is charged with appointing arbitrators, deciding challenges to arbitrators, and scrutinising arbitral awards, among other duties and responsibilities. The Court comprises 15 leading international arbitration practitioners, with women accounting for nearly half. This varied bench has wide geographic reach, with members based across 11 jurisdictions. They include five figures from the Middle East region, four originating from the UAE, plus ten others spanning Africa, Europe, Asia...

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NEWS
WaterRower v Liking: IPEC holds rowing machine not a 'work of artistic craftsmanship'; no UK copyright despite EU originality finding

In a keenly awaited ruling, the High Court decided that WaterRower (UK) Ltd could not press infringement actions against competing rowing machine manufacturer Liking Ltd, as it lacked any copyright in its own design in this dispute. The court found that the prototype WaterRower devised by John Duke might qualify as an original work for the purposes of EU law, yet it did not amount to a work of ‘artistic craftsmanship’ within the meaning of the UK’s Copyright, Designs and Patents Act 1988. Deputy Judge Campbell Forsyth stated that Mr Duke applied his expertise to build the prototype and that it possesses visual appeal, but concluded that, in doing so, he did not act with the attributes of an artist craftsman. Advisers from Gunnercooke, who represented Liking in the dispute, hailed the decision as ‘one of the most important developments in the IP industry this year’. Representatives of WaterRower did not promptly respond to a request for comment on 11 November 2024. WaterRower initially sued...

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NEWS
Deputy Pensions Ombudsman rejects complaint on 2011 overseas transfer to pension liberation vehicle: Scorpion guidance inapplicable; scheme’s due diligence assessed against standards prevailing at the time

Original news Mr R (CAS-63400-N0T9) – 21 October 2024. Summary The Deputy Pensions Ombudsman dismissed a grievance concerning a transfer into a pension liberation arrangement. It was considered inappropriate to assess the decision through the lens of hindsight. The 2013 ‘Scorpion’ guidance post-dated the transfer by two years and therefore did not apply anyway. The Scheme undertook suitable, robust and proportionate due diligence consistent with industry practice at the time. This outcome confirms the Pensions Ombudsman does not make retrospective judgements in such circumstances. What were the facts? Mr R held deferred status as a member in the Armed Forces Pension Scheme (the ‘Scheme’)...

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PRACTICE NOTES
Managing personal injury damages awards: deputyship or trust? Court of Protection guidance from SM v HM and Watt v ABC (England and Wales)

Introduction It is an unfortunate reality that, in many personal injury matters, particularly those involving the most catastrophic injuries, the injured person has lost or will lose the ability to manage their own affairs. In numerous instances, they also lack the capacity to appoint an attorney to act on their behalf or to set up a personal injury trust themselves. The involvement of the Court of Protection (COP) will usually be required in such situations. The court (either the COP or the court dealing with the personal injury claim) may need to determine whether to approve the creation of a personal injury trust or the appointment of a deputy. It should be emphasised that, even where an Enduring or Lasting Power of Attorney exists, the appointed attorney(s) do not have the authority to create a trust to hold any award without the court hearing the claim granting permission to establish a trust. Such permission would normally be recorded in a court order. Where the injured person has capacity to...

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PRACTICE NOTES
Removing, replacing and ending Court of Protection deputyships in England and Wales: law, procedure, forms, case law and post-death costs

A protected party (P) falls within the jurisdiction of the Court of Protection (the court) only where incapacity is evidenced. The court may then transfer its powers by naming a deputy to act for P, pursuant to an order. That authority exists strictly in line with the order’s terms and duration, and endures only so long as those terms allow. Should P cease to fall within the court’s remit, the deputy’s mandate will not continue; likewise, where the deputy cannot act, or it would be inappropriate for them to do so, a change is required. In such cases, having considered the evidence lodged with an application, the court may order the discharge of a deputy and, where apt, appoint a successor. Replacing a deputy There are occasions when a deputy no longer wishes to continue, or is unable to serve. This might be because deputy cannot carry out their obligations and seeks to be replaced, or because a professional deputy plans to retire from practice. A successor may,...

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PRACTICE NOTES
Bulgaria FDI screening under the Investment Promotion Act (2024): scope, thresholds, exemptions, pre‑closing filing, review timelines, outcomes, penalties and transitional arrangements

1. What is the applicable legislation? Bulgaria’s FDI framework arises from an amendment to the Bulgarian Investment Promotion Act (the FDI Act), effective from 12 March 2024. Although the amendment is now in effect, the regime is not yet functioning because full rollout awaits the adoption of the FDI Act’s implementing and organisational regulations. In particular, one implementing regulation has been enacted, while a second is anticipated to be adopted shortly by the Council of Ministers. Consequently, the Act sets out a ‘transitional regime’: FDIs initiated after the amendment took effect but before those regulations are adopted do not need to file for FDI authorisation. 2. Which government or other body (or bodies) reviews foreign investments? Screenable foreign direct investments under the FDI Act must be cleared by the newly created Interministerial Council for Screening of Foreign Direct Investments (the Council), which exercises administrative oversight under the FDI Act and is led by the Deputy Prime Minister. 3. What is the scope of the foreign investment...

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PRECEDENTS
Deputy MLCO and Deputy Nominated Officer: Combined Job Description and Role Profile Template for SRA-Regulated Law Firms (AML/CTF/Proliferation Financing)

1 Introduction This role description and profile concerns the combined post of Deputy Money Laundering Compliance Officer (MLCO) and Deputy nominated officer (nominated officer). Any references to MLR 2017 relate to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, SI 2017/692, as amended. 2 MLCO/nominated officer role holder details Firm name [ Insert firm name ] Name of Deputy MLCO/nominated officer [ Insert name ] Reports to: MLCO/nominated officer [ Insert name of MLCO/nominated officer ] Working pattern ☐ Full time ☐ Part time Details of any additional positions within the firm [ Insert details ] Date of appointment by the firm [ Insert date ] 3 Role summary 3.1 Serve as deputy to the firm’s MLCO/nominated officer...

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PRECEDENTS
Financial remedies on divorce/dissolution: procedure, Form E disclosure, FDR/private FDR, principles, costs and orders—client guide (England and Wales)

STOP PRESS: The Financial Remedies Guide 2026 Published on 13 March 2026 by Mr Justice Peel (National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess (Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, the Guide supersedes and replaces: the Statement on the efficient conduct of financial remedy cases assigned to a High Court judge, whether at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles (11 January 2022) the Notice from the Financial Remedies Court concerning electronic bundles (19 April 2022) the Allocation of financial remedies cases to High Court judge level (21 May 2024) This document is being updated...

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PRECEDENTS
Template letter to GP or capacity assessor for completion of COP3 Part B for statutory Will application, with MCA 2005 guidance (Court of Protection, England and Wales)

Dear [ insert name of GP or other appropriate capacity assessor ] Re: [ insert name of patient ] We act on behalf of [ insert name of proposed deputy ] and understand that the above-named individual is your patient and under your care. Our client has asked us to prepare an application to the Court of Protection seeking approval of a statutory Will on behalf of [ insert name of patient ]. By way of context and background, [ Insert, as appropriate, background information about P’s property and affairs, testamentary history and current testamentary intentions, if these can be ascertained ] Any application to the Court of Protection for a statutory Will must be supported by evidence of capacity in Form COP3, which is enclosed for your completion. The form consists of two parts, A and B. Part A has already been completed by our client. We would be grateful if you could kindly complete Part B of the form, bearing in...

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Q&As
Professional deputy costs: from deputy or special damages?

If the claimant qualifies as a protected party within the Court of Protection’s remit, fees imposed by that Court, both historic and prospective, may properly form part of the claim made. Further charges will also be incurred where a deputy is appointed to manage the claimant’s property and financial affairs. These charges and expenses can be set out within the schedule of past and future loss and damage as distinct heads of damage...

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Q&As
Deputy’s power to sell P’s home: 2008 Property & Affairs Order

Where no particular limitation exists within the deputyship order concerning the deputy’s sale or acquisition of land, the stated general authority will typically and ordinarily encompass fully the authority to purchase and dispose of property for the benefit of the protected person (P)...

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