Clarke, Re [2012] EWCOP 2947 (24 October 2012)

Clarke, Re [2012] EWCOP 2947 (24 October 2012)

There is no basis for departing from the general rule that costs should be charged to Mrs Clarke's estate, as the conduct of the family members and Deputy was reasonable, while Mr Michael Clarke's conduct was unreasonable and did not justify any other order.

Citation
[2012] EWCOP 2947
Parties
Subject: Mrs Ann Clarke; Family Member/applicant: Ms Angela Wilde; Family Member/applicant: Mr Kevin Clarke; Deputy: Mr Hugh Jones; Objector: Mr Michael Clarke
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Court of Protection Property and Affairs / Costs Determination Following Substantive Judgment
Outcome
Costs of the family members and Deputy to be charged to Mrs Clarke's estate; applications by Mr Michael Clarke refused.
Legal Topics
Costs Orders, Property and Affairs, Deputyship, Conduct of Parties
Mental Capacity Court of Protection Costs Costs Orders Property and Affairs Deputyship Conduct of Parties

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Parties

Mrs Ann Clarke

Subject

Ms Angela Wilde

Family Member/applicant

Mr Kevin Clarke

Family Member/applicant

Mr Hugh Jones

Deputy

Mr Michael Clarke

Objector

Procedural Posture

Court of Protection Property and Affairs / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 Whether costs should be charged to Mrs Clarke's estate or otherwise
  2. 2 Whether there is justification to depart from the general rule on costs in property and affairs proceedings

Ratio Decidendi

There is no basis for departing from the general rule that costs should be charged to Mrs Clarke's estate, as the conduct of the family members and Deputy was reasonable, while Mr Michael Clarke's conduct was unreasonable and did not justify any other order.

Court Disposition

Costs of the family members and Deputy to be charged to Mrs Clarke's estate; applications by Mr Michael Clarke refused.

Orders

  • Costs of Ms Angela Wilde and Mr Kevin Clarke summarily assessed at £3500 plus VAT, to be charged to the estate.
  • Costs of the Deputy summarily assessed at £7000 plus VAT, to be charged to the estate.