Category

Deputyship cases

This is a new category so some deputyship cases will still be found in Category:Other capacity cases The new database structure introduced in 2019 is more useful than this Category page: see Special:Drilldown/Cases.

The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
* Appointment of property and affairs deputy NKR v The Thomson Snell And Passmore Trust Corporation Ltd [2019] EWCOP 15"The application before the Court is for the discharge of the appointment of an existing professional property and affairs deputy, and the appointment of another instead. The discharge of the current deputy is agreed but there is an issue as to who should be appointed instead. ... In the matter of Re AS; SH v LC [2012] MHLO 113 (COP), [2013] COPLR 29 at paragraph 22 Senior Judge Lush set out "generally speaking" an order for preference of various candidates for appointment as deputy. A panel deputy is included "as deputy of last resort," after "a professional adviser, such as the family's solicitor or accountant." ... I am not aware of any previous appointments of a barrister as professional deputy (as distinct from a family member who just happens to be a barrister by profession but is appointed on the usual non-remunerated basis of a family member). Not being considered by the Bar Council as 'a legal service', discharge of the functions of deputyship is apparently not subject to the Bar Council's full regulatory force. However, the risk of property and affairs deputyship lies chiefly in misappropriation of funds. It seems to me beyond debate that misappropriation of MBR's funds whilst acting as deputy would count as "behaviour which diminishes trust and confidence" in Ms. Sood individually and her profession generally, and so Ms. Sood's holding of deputyship appointment would be subject to some professional regulation. ... On the information presently available to me, I am willing to accept that Ms. Sood is personally and professionally a suitable person to hold a deputyship appointment. Her appointment is however not the only option before the Court. A panel deputy has also been identified as willing to act ... Taking all matters into consideration, I conclude that it is in the best interests of MBR for Mr. Kambli to be appointed as replacement deputy upon discharge of the appointment of TSPTC." 2019‑04‑18 22:29:35 2019 cases, Cases, Deputyship cases, Judgment available on Bailii


* Gifts PBC v JMA [2018] EWCOP 19"PBC is the son of JMA, and was appointed as her sole attorney for property and affairs by a Lasting Power of Attorney ... He seeks the authority of the Court to make from JMA’s estate various gifts together exceeding £7 million. The purpose of such gifting, openly stated from the outset of the application, is to achieve - as long as JMA lives at least a further 3 years - reduction of inheritance tax liabilities. The parties have reached an agreement between themselves. Together, they ask the Court to make orders to give effect to their agreement. The matter was listed for hearing because the Court sought assistance in order to reach a conclusion as to whether or not the terms of that agreement are in the best interests of JMA." 2018‑09‑02 21:58:59 2018 cases, Cases, Deputyship cases, Judgment available on Bailii


* Deputy - remuneration Re AR [2018] EWCOP 8"The main reason why this application has been transferred to me is that it raises issues relating to the validity of the orders relied on by Mr Cawthorn to enable him to charge remuneration as a deputy." 2018‑04‑09 00:46:17 2018 cases, Cases, Deputyship cases, Judgment available on Bailii


Bunting v W [2005] EWHC 1274 (Ch) — "By the Application the Receiver seeks an order against the Respondent, to whom I shall refer as ("Mr W") that the accounts he delivered in his capacity as Receiver of M for the year ending 21st April 1994 and thereafter annually until year ending 21st April 2002 be re-opened or set aside. The application further seeks an order that Mr W deliver fresh accounts verified by affidavit, identifying (amongst other matters) the funds or assets of M used directly or indirectly for the personal benefit of Mr W or his family; that the Receiver be given permission to raise objections and further inquiries as to whether or not Mr W is to be entitled to charge remuneration for the services of himself and his wife in caring for or attending on M and an order that he should pay into the Court of Protection such sums as may be found due on taking the accounts and inquiries. In the event that there is a jurisdictional impediment to an order for payment into court the Receiver seeks an order authorising her pursuant to section 96(1) (i) of MHA 1983 to make an application to the High Court pursuant section 139(2) MHA, 1983 for leave to bring proceedings against Mr W to recover the sums found due on taking the accounts and inquiries." 2017‑11‑26 01:16:02 2005 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re RP [2016] EWCOP 1, [2016] MHLO 30 — "This is a dispute about the appointment of a deputy for property and affairs ..." 2016‑08‑29 21:57:46 2016 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re A: C v D [2016] EWCOP 3, [2016] MHLO 29 — "This is a contested application for the appointment of a new deputy for property and affairs and a new trustee." 2016‑08‑29 21:37:35 2016 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


A Local Authority v M [2015] EWCOP 69, [2015] MHLO 135 — This judgment dealt with various issues including deputyship, deprivation of liberty, and disclosure. 2016‑02‑08 20:08:33 2015 cases, Deprivation of liberty, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re JW [2015] EWCOP 82, [2015] MHLO 126 — "This began as an application by a family member to be appointed as a joint deputy for property and affairs with the existing deputy, East Sussex County Council. When it became apparent that the Council was unwilling to act jointly with him, the applicant revised his application and asked the court to remove the Council as deputy and to appoint him in its place. ... I propose to allow Geoffrey's revised application and shall appoint him as Joan's deputy in place of East Sussex County Council. My main reason for appointing him is that I think it would be sensible to repair and renovate the house in Hailsham that Joan inherited from her daughter Daphne so that it can be sold to best advantage, and I am prepared to give it a try. ... Zena Boniface concluded her witness statement by saying that: 'ESCC feel that it would be a conflict of interest for Geoffrey to be appointed deputy, as he stands to make a financial gain from the cost of the building works to his late sister's property and the reimbursement of his time and travel costs in dealing with her estate.' It was entirely reasonable of her to voice this concern and it merits a detailed response. ... I propose to control the conflict between Geoffrey's interests and Joan's by providing the following appropriate and effective safeguards to prevent abuse: ..." 2015‑12‑22 21:15:24 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re AS [2015] EWCOP 79, [2015] MHLO 124 — "This is YB's application to be appointed as AS's deputy for property and affairs in place of the existing deputy, the London Borough of Islington. ... I have decided to maintain the status quo and to dismiss this application." 2015‑12‑22 20:36:58 2015 cases, Deputyship cases, Judgment available on Bailii, Judgment missing from Bailii, No summary, Transcript


Re FT [2015] EWCOP 49, [2015] MHLO 120 — "This is an application for reconsideration of an order made by an authorised court officer appointing two of FT's daughters as his deputies for property and affairs. ... In my judgment, the factor of magnetic importance in this case is that FT named MA and PB to be the executors of his last will ... Accordingly, pursuant to rule 89(5), I affirm the order made on 2 September 2014 appointing the respondents [MA and PB] jointly and severally to act as FT's deputies for property and affairs. ... Costs ... I am singularly unimpressed with the applicants' conduct. Having made the application, they failed to follow it through. ... This is a case in which a departure from the general rule is justified. ... [T]he fact that [DC's] husband is in receipt of ESA and that she has claimed an exemption from the fees, doesn't grant her immunity from an order for costs being made against her. I intend to make an order that the costs are to be assessed on the standard basis and paid by DC, ST and TT in equal shares, and that the deputies are authorised to make an interest-free loan to the applicants from KT's funds to pay the costs, and that the loan will be repayable by the applicants from their respective shares of FT's estate on his death." 2015‑12‑22 20:13:50 2015 cases, COP costs cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Ross v A [2015] EWCOP 46, [2015] MHLO 118 — "This is an application by a professional deputy for an order authorising him to apply approximately £17,000 a year from A's damages award towards the payment of her brother's school fees. ... In my judgment, it is in A's best interests for the court to authorise the deputy to pay B's school fees (past, present and future) from her funds ... This judgment is tailored to A's circumstances and should not be construed as an imprimatur for the payment of siblings' school fees from damages awards in other cases." 2015‑12‑21 23:49:50 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


GN v Newland [2015] EWCOP 43, [2015] MHLO 116 — "This is an application for reconsideration of an order made on the papers by an authorised court officer ('ACO'). An ACO is not a judge of the Court of Protection, but a civil servant, who, in most cases, has considerable experience of the court's practice and procedure and is authorised to make a number of specified decisions on the non-contentious property and affairs side of the court's business. Over 90% of the applications to the court involve non-contentious property and financial matters, and can potentially be dealt with by an ACO. ... I dismiss GN's application to be appointed as his mother's deputy for three reasons. First, he is the bane of her life and she wants nothing to do with him. Secondly, he would be unable to act fairly and competently on her behalf because he has an interest in her property, which is adverse to hers, and on which he is unwilling to enter into any compromise. And thirdly, I am satisfied that, having regard to all the relevant circumstances, Julia Newland's appointment as her deputy for property and affairs is in CN's best interests. There is no one more suitable who is willing or able to act, and the purpose for which the appointment is required cannot be as effectively achieved in a way that is less restrictive of CN's rights and freedom of action." 2015‑12‑21 23:34:59 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re P [2015] EWCOP 37, [2015] MHLO 111 — "This is an application by the Public Guardian for an order revoking an Enduring Power of Attorney ('EPA') on the grounds that, having regard to all the circumstances, H is unsuitable to be his wife's attorney. ... Therefore, having regard to all the circumstances, I am satisfied that H is unsuitable to be P's attorney and I shall by order revoke the EPA. I shall also make a separate order appointing S and D jointly and severally to be P's deputies for property and affairs." 2015‑12‑21 23:04:05 2015 cases, Deputyship cases, EPA cases - all, EPA cases - other, Judgment available on Bailii, No summary, Transcript


Re X [2015] EWCOP 36, [2015] MHLO 110 — "These proceedings are concerned with X, a young man of 25 who currently lives in a care home. They began as an application by his mother, AY (who is his appointed welfare deputy and has acted throughout without the benefit of legal representation), in respect of his prescribed medication. X was subsequently detained under the Mental Health Act and the issues before the Court were redefined to address AY's concerns as to X's physical health (in particular, the condition of his bowels) and whether the treatment she supported, in the form of dietary exclusion and supplements, fell within the powers of the Mental Health Act or the authority of her deputyship. In the course of proceedings, X has been discharged from detention under the Mental Health Act and the parties have been able to agree a community placement for him, where he is now settled. The issues which remain for the determination of the Court relate to his best interests in relation to diet and whether the welfare deputyship (which is currently suspended) should be restored or discharged. In determining those issues, the Court is asked to reach a series of findings of fact." 2015‑12‑21 23:01:17 2015 cases, Best interests, Deputyship cases, Judgment available on Bailii, No summary, Transcript


L v NG [2015] EWCOP 34, [2015] MHLO 97Headnote from judgment: "Application by the sister of NG to be appointed as his deputy for property and affairs together with her sons – Even if NG lacked capacity to manage his property and affairs it was not in his best interests to appoint a deputy to manage his property and affairs." The main part of the decision is the following: "Section 16(4) of the Act provides that when deciding whether it is in the relevant person's interests to appoint a deputy, the court must have regard to section 4 (best interests) and the principle that a decision by the court is to be preferred to the appointment of a deputy to make a decision. The fact that a person generally lacks capacity to manage their property and affairs does not automatically mean that it is in their best interests to appoint a deputy to manage their property and affairs. The best interests requirements of section 4 require the court to consider the wishes, feelings, beliefs and values of the person concerned. One of the principles of the Mental Capacity Act 2005 is that before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action. On the evidence a deputyship order is either unnecessary or not in NG's best interests provided that a restriction is entered in the Land Registry requiring the court to authorise any dealings with his home. Any risks in respect of NG's other property and financial affairs which would be minimised by the appointment of a deputy are outweighed by the effect of such an order on his self-esteem, the resulting interference with his autonomy and the impact on family relationships. The sole purpose of the restriction is to act as a light touch safeguard. The court will only not authorise a proposed transaction if NG is being taken advantage of by a third party during a period of illness or is acting in a way that he will be likely to regret on recovering from a period of illness." 2015‑11‑13 23:14:12 2015 cases, Brief summary, Deputyship cases, Judgment available on Bailii, Transcript


Re HS [2015] EWCOP 33, [2015] MHLO 96 — "I have been asked to reconsider two orders I made on the papers. The first was an order dated 29 October 2014 revoking HS's Enduring Power of Attorney and the second was an order made on 10 December 2014 appointing Essex County Council to be HS's deputy for property and affairs." 2015‑11‑13 23:06:27 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re AFR [2015] EWCOP 73, [2015] MHLO 93 — "This is an application by the Public Guardian to discharge two joint and several deputies for property and affairs on the grounds that they have behaved in a way that has contravened their authority or is not in their father's best interests." 2015‑11‑12 18:47:24 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Tricker v Church [2013] EWCOP 2, [2013] MHLO 152The application for an order to enforce the receiver's security bonds was rejected, and costs were to be paid by the applicant personally. 2015‑11‑04 23:04:41 2013 cases, Brief summary, Deputyship cases, Judgment available on Bailii, Transcript


Re H [2015] EWCOP 52, [2015] MHLO 89 — "There are two provisions in the Mental Capacity Act 2005 ('MCA') that seem to contradict each other. Section 16(4)(b) envisages that a deputyship appointment will be of limited duration, whereas section 19(5) facilitates an appointment that could last for decades. ... When it comes to the crunch, section 16(4)(b) trumps section 19(5) because it is a principle to which the court must have regard when deciding whether it in P's best interests to appoint a deputy, while section 19(5) is simply a discretion conferred upon the court, once it has decided to appoint a deputy." 2015‑10‑31 21:06:39 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re GMP [2015] EWCOP 67, [2015] MHLO 83 — "This is an objection to an application for the appointment of a deputy for property and affairs." 2015‑10‑31 20:38:34 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re RG [2015] EWCOP 66, [2015] MHLO 82 — "This is an application by Northamptonshire County Council for the court to revoke an Enduring Power of Attorney ('EPA') and to appoint a professional deputy to manage the donor's property and affairs in place of the attorney." 2015‑10‑31 20:36:37 2015 cases, Deputyship cases, EPA cases - all, EPA cases - other, Judgment available on Bailii, No summary, Transcript


Re MLJ [2015] EWCOP 63, [2015] MHLO 80 — "This is a contested application for the appointment of an additional deputy to act jointly with the existing deputy for property and affairs." 2015‑10‑31 20:29:16 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re AJ [2015] EWCOP 62, [2015] MHLO 79 — "This is an application by the respondent for the court to reconsider two orders that were made on the papers. The first order discharged him as his daughter's deputy for property and affairs and the second order appointed a panel deputy to act in his place." 2015‑10‑31 20:27:01 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re PAW [2015] EWCOP 57, [2015] MHLO 68 — "This is a contested application for the appointment of a deputy for property and affairs." 2015‑09‑30 20:59:29 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


DGP Law v DGHP [2015] EWCOP 58, [2015] MHLO 67 — "This is a reconsideration of a decision made on the papers on 16 February 2015 by District Judge Bellamy, who dismissed the respondents' objections to the applicant's application to be appointed as her mother's deputy for property and affairs." 2015‑09‑30 20:57:33 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re ME [2015] EWCOP 61, [2015] MHLO 64 — "This is an objection to an application for the appointment of a deputy for property and affairs." 2015‑09‑30 20:46:16 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re HC: Public Guardian v CC [2015] EWCOP 29, [2015] MHLO 55 — "This is an application by the Public Guardian for an order under section 16(8) of the Mental Capacity Act 2005 revoking the appointment of a deputy because he has behaved in a way that contravenes the authority conferred on him by the court or is not in the best interests of the person for whom he acts as deputy." 2015‑07‑20 20:51:39 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Donna v Martin [2015] EWCOP 23, [2015] MHLO 31 — "This is an application under rule 89 of the Court of Protection Rules 2007 inviting me to reconsider an order I made on the papers on 27 November 2014. As this is a case in which there is a dispute as to who should act as a deputy, I am required ... to publish this judgment." 2015‑03‑29 18:24:01 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re CJ: Public Guardian v MP [2015] EWCOP 21, [2015] MHLO 30 — "This is a reconsideration of a decision made on the papers on 4 November 2104 by District Judge S. E. Rogers, who made an order: (a) revoking the respondent's appointment as his partner's deputy for property and affairs; and (b) inviting a panel deputy to apply to be appointed as deputy in his place. ... I am absolutely certain that there has been no dishonest misappropriation of CJ's funds by MP, but that's not the point. ... To turn a blind eye to MP's wilful refusal to comply with his duties would erode and undermine the safeguarding work carried out by the OPG's supervision and compliance teams, which cannot possibly be in the public interest. It would also ride roughshod over the court's obligations under international human rights law to ensure that the protective measures it makes contain appropriate and effective safeguards to prevent abuse: United Nations Convention on the Rights of Persons with Disabilities, Article 12.4. ... Accordingly, I confirm District Judge Rogers' order revoking MP's appointment as deputy and inviting a panel deputy to apply to be appointed in his place." 2015‑03‑26 09:54:39 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re AW [2015] EWCOP 16, [2015] MHLO 27 — "These are competing applications by DB and DW to be appointed as AW's deputy for property and affairs." 2015‑03‑24 20:20:35 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re PL (Objection Hearing) [2015] EWCOP 14, [2015] MHLO 25 — "This is an objection by PL's daughters to his son's application to be appointed as his deputy for property and affairs." 2015‑03‑24 20:14:11 2015 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re BM [2014] EWCOP B20, [2014] MHLO 131 — "This is a case in which there is a dispute as to who should be appointed as BM’s deputy for property and affairs." 2014‑12‑31 11:02:12 2014 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript


Re PMB [2014] EWCOP 42, [2014] MHLO 108 — "This is a dispute amongst siblings over the appointment of a deputy to manage their mother's financial affairs." 2014‑11‑06 22:54:59 2014 cases, Deputyship cases, Judgment available on Bailii, No summary, Transcript