SG, Re [2022] EWCOP 55 (23 December 2022)

SG, Re [2022] EWCOP 55 (23 December 2022)

A Trustee Act order made by the Court of Protection is sufficient 'further authority' for trustees to sell property, even where a deputy is expressly prohibited from doing so without further court authority; the trustee acts under Trustee Act authority, not as deputy.

Citation
[2022] EWCOP 55
Parties
Deputy: Irwin Mitchell Trust Corporation Ltd; Protected Person: SG; Continuing Trustee: SG's wife; Interested Party: HM Land Registry; Interested Party: Public Guardian
Jurisdiction
England and Wales
Judgment Date
23 December 2022
Procedural Posture
Court of Protection Property and Affairs Deputyship / Order Clarifying Authority for Sale of Property
Outcome
Proceedings concluded; clarification provided.
Legal Topics
Deputyship, Trustee Act 1925, Authority to Sell Property, Court of Protection Rules
Mental Capacity Trusts and Property Deputyship Trustee Act 1925 Authority to Sell Property Court of Protection Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Irwin Mitchell Trust Corporation Ltd

Deputy

SG

Protected Person

SG's wife

Continuing Trustee

HM Land Registry

Interested Party

Public Guardian

Interested Party

Procedural Posture

Court of Protection Property and Affairs Deputyship / Order Clarifying Authority for Sale of Property

Legal Issues

  1. 1 Whether a Trustee Act order constitutes sufficient authority for trustees to sell property when a deputy is prohibited from doing so without further court authority
  2. 2 Clarification of the relationship between deputyship orders and Trustee Act orders in property sales

Ratio Decidendi

A Trustee Act order made by the Court of Protection is sufficient 'further authority' for trustees to sell property, even where a deputy is expressly prohibited from doing so without further court authority; the trustee acts under Trustee Act authority, not as deputy.

Court Disposition

Proceedings concluded; clarification provided.

Orders

  • Order clarifies that Trustee Act order is sufficient authority for trustees to sell property.
  • Order may be published in anonymised form.