Anticipatory declarations are a relatively new concept in the Court of Protection and the inherent jurisdiction of the High Court; but what are they and when might it be appropriate to use them?
In this session, Katie Gollop KC from Serjeants’ Inn Chambers considered:
- what is an anticipatory declaration?
- in what kind of matters might an anticipatory declaration be suitable?
- what evidence is required and what threshold has to be demonstrated for an anticipatory declaration to be granted?
- what does an anticipatory declaration mean in practice in terms of implementation by frontline professionals?
- considering the case of North Middlesex University Hospital NHS Trust v SR  EWCOP 58
- is there any other key guidance from the case law?
Katie specialises in healthcare law and is well known for her Court of Protection work.