Potter Rees Dolan Trust Corporation Limited v WL & Anor [2023] EWCOP 19

Proceedings concerning the management of funds awarded in a damages claim in England to a person now habitually resident in Poland.

ML is a Polish national who suffered severe brain injury following a bike accident while living in the UK. He now lives back in Poland but it is common ground that he lacks capacity to manage his property and affairs since the accident. Potter Dolan are the appointed deputies and are managing the £3.3m damages ML received as compensation. Lawyers in Poland became involved and these proceedings commenced, rather contentiously, to look at whether it was in MLs best interests for the deputyship to remain in place.

By the time of this judgment however negotiations led to an agreement over the deputyship, leaving HHJ Hilder had to consider whether the plans to buy property for ML in Poland were in his best interests. She concludes that further detail was required before she could decide but states the agreement may be in ML's best interests. 

Read the judgment on the National Archive