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Cases

Riddle v Parker Rhodes Hickmott Solicitors [2022] EWCOP 18

25/5/2022

 
Oral application for permission to appeal orders regarding payment of costs for a deputy.

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Calderdale MBC v AB & Ors (Order) [2021] EWCOP 55

25/10/2021

 
​The court had to consider the question of whether the property and affairs deputy was an ‘authorised person’ in respect of the P within the meaning of s32 of the Care Act 2014. The court concluded he was not.

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Kambli v The Public Guardian [2021] EWCOP 53

28/9/2021

 
Judgment relating to whether a property and affairs deputy for an individual lacking capacity should be discharged and, if so, who should be appointed in their stead.

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CB, Re [2021] EWCOP 43

27/7/2021

 
​​Application by the sister of the P to be made her personal welfare deputy and also for costs against the LA. Both applications were refused.

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Penntrust Ltd v West Berkshire District Council & Anor [2020] EWCOP 48

7/10/2020

 
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.

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PLK & Ors SCCO Refs: 13080340, 12177963, 11775290, 11620036

30/9/2020

 
​Appeal against inability to charge higher rates for deputies although the hourly rate had not been reviewed since 2010. Appeal allowed.

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The Public Guardian v Riddle (No. 2) [2020] EWCOP 41

17/9/2020

 
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.

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Cumbria County Council v A [2020] EWCOP 38

24/7/2020

 
​​Where a deputy wishes to discontinue in the role, an application must be made to the court. 

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KKL Executor & Trustee Company Ltd v Harrison [2020] EWCOP 25

1/6/2020

 
Competing applications for the appointment of a deputy to manage the property and affairs of the P. The application was granted to Ms Harrison.

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ACC & Ors (property and affairs deputy; recovering assets costs for legal proceedings) [2020] EWCOP 9

3/3/2020

 
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.

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