PSG Trust Corporation Limited v CK [2024] EWCOP 14

​Linked cases concerning how a Property and Affairs Deputy should approach the issue of whether to inform P of the value of their civil litigation settlement, knowledge of which may make them vulnerable.

The applicant, PSG Trust Corporation Limited, acts as the Deputy for both CK and NJ and highlighted this is a predicament which deputies regularly face and there is little or no guidance. After reviewing what relevant case law there is, Hayden J sets out some of the factors to be weighed in making the decision at [28]

'The ‘matter’ or decision is whether P wishes to request the value of her funds, and the factors relevant to her capacity to make that decision are likely to include her understanding of:

i. The nature of the information in question;
ii. The risks of obtaining it;
iii. The risks of not obtaining it;
iv. The benefits of obtaining it;
v. The benefits of not obtaining it.

At [30-31] he also considers whether this situation relates to finance and property or health and welfare.

He then applies the principles to the cases before him. The first CK was involved in a traffic accident and as a result, though superficially fine, has vulnerabilities as a direct result of her injuries. Hayden J concludes she lacks capacity to take the decision herself but has clearly expressed her wishes that she should know the amount of the settlement, so she can make a will among other things, and therefore declares it is in CK's best interests to be told. NJ has been diagnosed with cerebral palsy and other conditions, and there was a history of financial abuse, making her vulnerable to exploitation. Accordingly, Hayden J finds NJ lacks capacity and that it would not be in her best interest to be told of the amount of the award.   

Read the judgment on The National Archives