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Cases

LMS, Re (settlement of property into a trust) [2020] EWCOP 52

11/11/2020

 
Application by the mother of the P to have the P's inheritance put into trust. The application was successful.

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A Local Authority v AB & Anor [2020] EWCOP 32

8/7/2020

 
There was a dispute as to whether the conclusions of a second independent expert psychiatrist  should be accepted, and final declarations made in accordance with those conclusions.

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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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​JBN, Re [2019] EWCOP 62

3/2/2020

 
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.

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Various applications concerning foreign representative powers, Re [2019 EWCOP 52

14/11/2019

 
​​These 5 applications were asking the court to make orders to give effect in England and Wales to representative powers originating in a foreign jurisdiction.

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Mundell v Name 1 [2019] EWCOP 50

6/11/2019

 
Application by the P's Deputy for Property and Affairs for a declaration that the P did not have capacity to marry. The application was dismissed.

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​Bashir v Bashir [2019] EWHC 1810 (Ch)

19/7/2019

 
Even if an incapacitious person regains capacity during the relevant period, he cannot, as a matter of law, enter into a binding agreement to dispose of or deal with property.

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PBM v TGT & Anor [2019] EWCOP 6

13/5/2019

 
​The court had to determine i) whether the P had the capacity to marry, to make a will and to enter into a prenuptial agreement; and 2) whether he should be told about the amount of his estate. The court ruled that all applications should succeed.

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Harrow Clinical Commissioning Group v IPJ & Ors [2018] EWCOP 44

13/5/2019

 
​Application by the CCG which proposed an extensive package of care for the P at the family home, with (most of) the financial arrangements managed by a third party broker. The application was  granted despite it being opposed by the P's parents.

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London Borough of Hounslow v A Father & Mother (Costs in the Court of Protection - Disproportionate litigation) [2018] EWCOP 23

3/10/2018

 
Costs were awarded against the LA after a dispute in which the LA alleged the mother had mismanaged the P's funds.

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