PP, Re [2017] EWCOP 29 (16 March 2017)

PP, Re [2017] EWCOP 29 (16 March 2017)

The conduct of BB and CD, including contravention of authority and failure to act in PP's best interests, justified departure from the general rule. BB and CD are to pay their own costs and PP's costs in equal shares for the revocation application. For the Health and Welfare LPA issue, 10% of Applicants' costs are to be paid from PP's estate, the remainder by BB and CD.

Citation
[2017] EWCOP 29
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 Costs Judgment / Post Judgment (costs Determination After Substantive Decision)
Outcome
Costs order made: BB and CD to pay their own costs and PP's costs in equal shares for the revocation application; 10% of Applicants' costs for Health and Welfare LPA issue to be paid from PP's estate, balance by BB and CD.
Legal Topics
Lasting Power of Attorney, Costs, Revocation of Attorney Powers, Conduct of Attorneys
Mental Capacity Law Court of Protection Lasting Power of Attorney Costs Revocation of Attorney Powers Conduct of Attorneys

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 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

BB

Applicant

CD

Applicant

PP

Respondent

The Public Guardian

Respondent

Procedural Posture

Court of Protection Costs Judgment / Post Judgment (costs Determination After Substantive Decision)

Legal Issues

  1. 1 Whether BB and CD should be responsible for their own costs and for PP's costs in the application for revocation of Lasting Power of Attorney for Property and Affairs
  2. 2 Whether any costs should be paid out of PP's estate
  3. 3 Whether the conduct of the parties justifies departure from the general rule on costs

Ratio Decidendi

The conduct of BB and CD, including contravention of authority and failure to act in PP's best interests, justified departure from the general rule. BB and CD are to pay their own costs and PP's costs in equal shares for the revocation application. For the Health and Welfare LPA issue, 10% of Applicants' costs are to be paid from PP's estate, the remainder by BB and CD.

Court Disposition

Costs order made: BB and CD to pay their own costs and PP's costs in equal shares for the revocation application; 10% of Applicants' costs for Health and Welfare LPA issue to be paid from PP's estate, balance by BB and CD.

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.