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Application for costs against the LA who had withdrawn an application for an injunction. The costs application succeeded.
Application to determine whether the P's property was included in 'net assets' when deciding whether or not her net assets were above or below £16,000. The court ruled that the property is included in net assets.
The OS was seeking declarations that the LA had failed in its duties under the Children Act 1989 and the Care Act 2014 in respect of the P. The declarations were made and costs were awarded against the LA.
Appeal against inability to charge higher rates for deputies although the hourly rate had not been reviewed since 2010. Appeal allowed.
The court had to decide if the professional deputy could be remunerated at a higher rate than public authority deputies. The court concluded that he could not.
Judgment concerning whether, and in what circumstances, the deputy can recover from the protected person’s assets costs which have been or are likely to be incurred in legal proceedings.
Application for costs where the Public Guardian had sought orders to replace the applicant as attorney and the original suspension of the LPA had been overturned. An order for 50% of costs was made.
Judgment relating to costs arising from an application by TQ to be made to be made a health and welfare deputy. She is the former key worker for P. P has a life long diagnosis of Lennox-Gastaut Syndrome (a severe form of epilepsy), cannot walk, requires 24 hour care and has no contact with family members.
Application in respect of costs within proceedings brought under Section 21A of the Mental Capacity Act 2005 was dismissed.
Costs were awarded against London Borough of Lambeth and the Lambeth Clinical Commissioning Group on the basis a) that the proceedings should never have been brought and b) their conduct of the proceedings once commenced.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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