• 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 [2021] 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.

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