Hinduja & Hinduja [2022] ECWCA Civ 1492, [2022] EWCOP 36 & [2022] EWCOP 37

Three judgments relating to proceedings involving the care of a very wealthy individual nearing the end of life and interaction with other proceedings and reporting restrictions.

Srichand Hinduja is a very wealthy businessman of Indian origin and at the time of the judgement was being cared for at home by family members. He had been diagnosed with Lewey Body dementia. Concurrent litigation in the Chancery and Commercial courts was ongoing and partly for those reasons reporting restrictions were imposed. However, in the Court of Protection proceedings, the Official Solicitor became concerned that the care provided by the family was not in P’s best interests and argued the RRO “ impedes scrutiny “ and lifting restrictions would be “more likely to protect Srichand Hinduja’s interests than compromise his privacy.”

There are two judgments by Hayden J, the Vice President, one on the substantive matters and the other on a challenge to the lifting of the RRO. The matter then went before the Court of Appeal who dismissed the challenge to lifting the RRO agreeing with the analysis of the OS but making a minor change to the order. The new order is appended to their judgment. 

Read the judgments using the links below:

• ​[2022] ECWCA Civ 1492
• ​[2022] EWCOP 37
• [2022] EWCOP 36