Judge: HH J Hilder

Citation: [2018] EWCOP 21

Senior Judge Hilder in this case reviewed the appointment of office holder deputies in the case of a company set up by a local authority to take over parts of its social work functions, including its deputyship role.

She considered 3 issues. One, the most important, was whether the appointment should be of the office holder for the time being rather than a named person holding such office, another was whether the company had the power to act as deputy and the last was as to its insurance cover.

At paragraph 24, she held that the court had the power to appoint an unnamed holder for the time being of an office (assisted by section 12 of the Interpretation Act 1978). At paragraph 27, she further held that to protect P, the person holding the office should be directed to inform the Public Guardian when they cease to hold the office so that the Public Guardian can review the position and bring the matter to court if concerned.

So far as powers were concerned, the judge held that COP was not the appropriate venue to decide matters of company law and was content to rely on the statement of truth to the effect that deputyship was within the company’s powers and the Public Guardian’s acceptance of that statement.

She was not, however, satisfied with the company’s insurance arrangements so ordered £10,000 security, see paragraph 42.

CategoryDeputies - Financial and property affairs Date


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