PLK & Ors (Court of Protection: Costs)

Mental Capacity Law Cases

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

The Public Guardian v Andrew Riddle (Nos 1 and 2)


Summary Senior Judge Hilder has considered at considerable (necessary) length the ability of a professional deputy who is not a solicitor to charge fees at the solicitors’ rate, as well… Read more »

CategoryDeputies - Financial and property affairs, Deputies Date

Birmingham Women’s and Children’s NHS Foundation Trust v JB


Summary[1] In Birmingham Women’s and Children’s NHS Foundation Trust v JB [2020] EWHC 2595 (Fam), Hayden J provided an important clarification regarding MacDonald J’s judgment in Barts Health NHS Trust… Read more »

CategoryBest interests - Medical treatment, Deputies - Financial and property affairs, Medical treatment - Treatment withdrawal, Best interests, Deputies, Medical treatment Date

Cumbria County Council v A


In Cumbria County Council v A [2020] EWCOP 38, Hayden J considered the position in relation to the situation where a local authority wishes to cease being a property and… Read more »

CategoryDeputies - Financial and property affairs Date

Re OT


In Re OT [2020] EWCOP 25, the court had to decide who to appoint as deputy to manage the property and affairs of an 81 year old woman, OT.  The… Read more »

CategoryDeputies - Financial and property affairs Date

BP v Surrey County Council & Anor


Summary In this case, Hayden J had to grapple with the impact of COVID-19 in the care home setting.  The urgent application arose in the context of an existing s.21A… Read more »

CategoryArticle 8 ECHR - Contact, Deputies - Financial and property affairs, Article 8 ECHR, Deputies Date

Re ACC, JDJ and HPP


In these cases, three deputies brought applications concerning the extent to which the orders appointing them authorised expenditure of P’s estate in respect of getting legal advice and conducting proceedings… Read more »

CategoryDeputies - Financial and property affairs Date

Re TWAH


 In this case the court considered an application by a trust corporation which was a registered charity (Allied Services Trust), a company limited by guarantee, to be appointed the deputy… Read more »

CategoryDeputies - Financial and property affairs, Best interests - Property and affairs Date

Bashir v Bashir


Summary It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir, Master Clark did so in the context of a complicated… Read more »

CategoryDeputies - Financial and property affairs Date

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