Re JB (Costs)

Mental Capacity Law Cases

Re JB (Costs)


In this case, the Court of Protection had been asked to take aggressive steps in terms of service provision.   In Re JB, the local authority applicant in question had gone… Read more »

CategoryCOP jurisdiction and powers - Costs, COP jurisdiction and powers - Interface with public law jurisdiction, COP jurisdiction and powers, Other proceedings, Mental Health, Declarations Date

PLK & Ors (Court of Protection: Costs)


Summary In an important decision, the Senior Court Costs Office has looked at the method of assessment of the hourly rates claimed by Deputies and, in particular, at whether those… Read more »

CategoryCOP jurisdiction and powers - Costs, Deputies - Financial and property affairs, COP jurisdiction and powers, Deputies Date

Penntrust Ltd v West Berkshire District Council & Anor


Summary Senior Judge Hilder has returned to the vexed question of Practice Direction 19B and fixed costs in the Court of Protection.  In its current iteration, PD19B provides that “where the… Read more »

CategoryCOP jurisdiction and powers - Costs, Deputies - Financial and property affairs, COP jurisdiction and powers, Deputies Date

Re ND (Court of Protection: Costs and Declarations)


Summary In this case, the Court of Protection has alighted upon procedural failings by a local authority to ground the making of declarations as to failures of that authority to… Read more »

CategoryCOP jurisdiction and powers - Costs, COP jurisdiction and powers - Interface with public law jurisdiction, COP jurisdiction and powers, Other proceedings, Mental Health, Declarations Date

BP v LB Harrow


Summary[1] This was a s.21A MCA 2005 application made on behalf of “P” who objected to being in a care home. He wanted to return to the family home, where… Read more »

CategoryCOP jurisdiction and powers - Costs Date

LB Hounslow v A Father and A Mother


Summary The sound of toys leaving the judicial pram at high speed can be heard when reading the judgment in this decision on costs from DJ Eldergill, arising out of… Read more »

CategoryCOP jurisdiction and powers - Costs Date

London Borough of Harrow v AT & DT


Summary This judgment was handed down on 14 May 2018, but only appeared on Bailii some months thereafter.   They relate to proceedings were issued to seek court authorisation of the… Read more »

CategoryCOP jurisdiction and powers - Costs Date

TH v JH & Ors


Summary This was an application by the holder of an EPA for retrospective approval of gifts and payments for voluntary care. P at the time of the application was 95… Read more »

CategoryCOP jurisdiction and powers - Costs, Gifts, Best interests - Property and affairs, - Interface with civil proceedings Date

Public Guardian v Matrix Deputies Limited and London Borough of Enfield


Summary In this case the Public Guardian made applications in respect of the deputyships (some 44) of Matrix Deputies Limited (and 2 of its former employees). The Public Guardian sought… Read more »

CategoryCOP jurisdiction and powers - Costs, Deputies - Financial and property affairs Date

MR v (1) SR (by her litigation friend the OS) (2) Bury Clinical Commissioning Group


Summary This is a short judgment from Hayden J on the issue of costs arising from Re N [2015] EWCOP 76 (a medical treatment case to decide whether it was… Read more »

CategoryCOP jurisdiction and powers - Costs Date

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