PP, Re

PP, Re

Due to the Applicants' conduct before and during proceedings, including contravention of authority and failure to act in PP's best interests, and their opposition to revocation, it is justified to depart from the general rule. BB and CD are to bear their own costs and pay PP's costs in equal shares for the Property and Affairs application. For the Health and Welfare issue, 10% of the Applicants' costs are to be paid out of PP's estate, the balance by BB and CD.

Parties
Applicant: BB; Applicant: CD; Respondent: PP; Respondent: The Public Guardian
Jurisdiction
England and Wales
Judgment Date
16 March 2017
Procedural Posture
Court of Protection Property and Affairs / Judgment on Costs Following Revocation of Lasting Power of Attorney
Outcome
Costs order made: Applicants to bear their own costs and pay PP's costs in equal shares for Property and Affairs; 10% of Applicants' costs for Health and Welfare to be paid out of PP's estate, balance by Applicants.
Legal Topics
Costs, Revocation of Lasting Power of Attorney, Property and Affairs, Health and Welfare
Mental Capacity Court of Protection Costs Revocation of Lasting Power of Attorney Property and Affairs Health and Welfare

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Parties

BB

Applicant

CD

Applicant

PP

Respondent

The Public Guardian

Respondent

Procedural Posture

Court of Protection Property and Affairs / Judgment on Costs Following Revocation of Lasting Power of Attorney

Legal Issues

  1. 1 Who should bear the costs of the application for revocation of Lasting Powers of Attorney for Property and Affairs and Health and Welfare

Ratio Decidendi

Due to the Applicants' conduct before and during proceedings, including contravention of authority and failure to act in PP's best interests, and their opposition to revocation, it is justified to depart from the general rule. BB and CD are to bear their own costs and pay PP's costs in equal shares for the Property and Affairs application. For the Health and Welfare issue, 10% of the Applicants' costs are to be paid out of PP's estate, the balance by BB and CD.

Court Disposition

Costs order made: Applicants to bear their own costs and pay PP's costs in equal shares for Property and Affairs; 10% of Applicants' costs for Health and Welfare to be paid out of PP's estate, balance by Applicants.

Orders

  • BB and CD to pay their own costs of the application for revocation of the Lasting Power of Attorney for Property and Affairs.
  • BB and CD to pay PP’s costs of the application in equal shares.