EG & Anor v AP & Ors  EWCOP 15
Appeal against freezing and disclosure orders made in proceedings arising from a family dispute over property.
In short, a Deputy District Judge had granted injunctions prohibiting capacitous persons from disposing of assets in which others alleged P had an interest. The issue at stake in this judgment, therefore, was whether the DDJ had the powers to make such orders against the background of a thrid party dispute.
After reviewing the relevant law, including the recent CoA case of Re G (Court of Protection: Injunction)  EWCA Civ 1312, HHJ Hilder states "throughout my 12+ years sitting in the Court of Protection, the general approach has always been that third party disputes require a different forum, including for interim measures." and at [76-77]
"76. The Court of Protection does not have jurisdiction to determine third party property disputes because it can only make on behalf of P decisions which P could make for herself if she had capacity to do so.
77. The Court of Protection may grant injunctions but only in connection with its jurisdiction (s47) or specifically (s16(5)) where necessary and expedient to give effect to a best interest decision made pursuant to section 16(2) of the Act."
She also makes comments at [58-64] on the use of dispute resolution procedures in such circumstances.
Read the judgment on the National Archives
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