EG & Anor v AP & Ors [2023] EWCOP 15 (14 April 2023)

EG & Anor v AP & Ors [2023] EWCOP 15 (14 April 2023)

The Court of Protection has no jurisdiction to grant freezing injunctions over assets in which a protected person may have a disputed beneficial interest, where the underlying dispute is for determination by the civil courts. Its injunctive powers are limited to enforcing its own best interests decisions and cannot...

Source-derived case information.

Citation
[2023] EWCOP 15
Parties
Appellant: EG; Appellant: DG; Respondent: AP; Respondent: IP; Respondent: SB
Jurisdiction
England and Wales
Judgment Date
14 April 2023
Procedural Posture
Appeal / Judgment on Appeal From Deputy District Judge's Order Regarding Injunctive Relief and Joinder
Outcome
Appeal allowed
Legal Topics
Court of Protection Jurisdiction, Injunctive Relief, Lasting Powers of Attorney, Property Disputes Involving Protected Persons, Freezing Injunctions
Mental Capacity Equity and Trusts Civil Procedure Court of Protection Jurisdiction Injunctive Relief Lasting Powers of Attorney Property Disputes Involving Protected Persons Freezing Injunctions

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Parties

EG

Appellant

DG

Appellant

AP

Respondent

IP

Respondent

SB

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Deputy District Judge's Order Regarding Injunctive Relief and Joinder

Legal Issues

  1. 1 Does the Court of Protection have jurisdiction to grant freezing injunctions over assets in which a protected person may have a disputed beneficial interest?
  2. 2 Can the Court of Protection make orders affecting third party property rights pending determination of a civil dispute?
  3. 3 What is the scope of the Court of Protection's injunctive powers under the Mental Capacity Act 2005?

Ratio Decidendi

The Court of Protection has no jurisdiction to grant freezing injunctions over assets in which a protected person may have a disputed beneficial interest, where the underlying dispute is for determination by the civil courts. Its injunctive powers are limited to enforcing its own best interests decisions and cannot be used to preserve the status quo or affect third party property rights pending civil litigation.

Court Disposition

Appeal allowed

Orders

  • The Proceeds of Sale Injunction and Disclosure Order are set aside.
  • Undertakings by EG and DG not to dispose of the proceeds of sale, except for MMP's care fees, are accepted and recorded.