Today I've just received the following Directions Order from Senior Judge Lush* at the Court of Protection;
It requests that the solicitor provides a witness statement of his own to account for his actions. It then says that on the first available date after September 20th 2010 the matter will go before a judge for a ruling. This could involve dismissing the matter, order the Office of the Public Guardian to cancel the power of attorney's, send one of the Courts "special visitors" to interview the donor or list the matter for a full hearing and send requests for further evidence.
In short what this means is that the Court has finally accepted that it cannot throw the matter out on the grounds that a medical examination has not been provided nor can it throw it out on the grounds that financial information has not been provided. Instead it has asked for the solicitor to explain himself in the hope that will provide grounds to throw out the case. That will have to be a very creative explanation.
Of course the Court still reserves the right to request detailed financial information or a medical examination although it will be hard for them to pretend that's anything other then a time wasting fishing trip that is beyond the remit of the Court. Therefore we can reasonably expect this matter to be resolved in my favour no later the October 1st 2010.
* Yes that's the sort of name that makes me think that Judges are not assigned to cases as randomly as they would like people to believe.
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