Baker v H & Anor [2009] EWCOP B31 (15 October 2009)

Baker v H & Anor [2009] EWCOP B31 (15 October 2009)

The appropriate level of security for a professional deputy should be set by reference to the actual risk to the protected person, taking into account the value and vulnerability of assets under the deputy's control, the existence and extent of professional indemnity insurance, and the immediate needs of the protected person in the event of default. Where adequate professional indemnity insurance is in place, security may be limited to the sum needed to cover immediate needs and costs pending insurance payout, rather than the full value of the estate.

Citation
[2009] EWCOP B31
Parties
Applicant/deputy: Mr Niall David Baker; Respondent/protected Person: H (a child, by his litigation friend the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
15 October 2009
Procedural Posture
Court of Protection Application / Reconsideration of Security Order Under Rule 89 of the Court of Protection Rules 2007
Outcome
Application granted; security order reconsidered and reduced.
Legal Topics
Security for Deputies, Professional Indemnity Insurance, Best Interests, Deputyship Orders
Mental Capacity Law Court of Protection Security for Deputies Professional Indemnity Insurance Best Interests Deputyship Orders

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Mr Niall David Baker

Applicant/deputy

H (a child, by his litigation friend the Official Solicitor)

Respondent/protected Person

Procedural Posture

Court of Protection Application / Reconsideration of Security Order Under Rule 89 of the Court of Protection Rules 2007

Legal Issues

  1. 1 What is the appropriate level of security to be ordered for a professional deputy under the Mental Capacity Act 2005?
  2. 2 How should the Court of Protection exercise its discretion in fixing security, particularly where the deputy is a solicitor with substantial professional indemnity insurance?

Ratio Decidendi

The appropriate level of security for a professional deputy should be set by reference to the actual risk to the protected person, taking into account the value and vulnerability of assets under the deputy's control, the existence and extent of professional indemnity insurance, and the immediate needs of the protected person in the event of default. Where adequate professional indemnity insurance is in place, security may be limited to the sum needed to cover immediate needs and costs pending insurance payout, rather than the full value of the estate.

Court Disposition

Application granted; security order reconsidered and reduced.

Orders

  • The level of security required from Mr Baker as deputy is to be reduced from £750,000 to a sum reflecting the actual risk and immediate needs of H, taking into account the existence of professional indemnity insurance.