EG & Anor. v AP & Ors.

EG & Anor. v AP & Ors.

The Court of Protection does not have jurisdiction to grant freezing injunctions over assets subject to third party disputes, as such orders are not ancillary to its powers under sections 16 or 22 of the Mental Capacity Act 2005. Injunctive relief must be connected to a best interests decision or within the Court's jurisdiction, which was not the case here.

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
Outcome
appeal allowed
Legal Topics
Court of Protection Jurisdiction, Lasting Powers of Attorney, Freezing Injunctions, Third Party Property Disputes
Mental Capacity Property Law Injunctions Court of Protection Jurisdiction Lasting Powers of Attorney Freezing Injunctions Third Party Property Disputes

Case Brief

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Parties

EG

Appellant

DG

Appellant

AP

Respondent

IP

Respondent

SB

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Does the Court of Protection have jurisdiction to grant freezing injunctions over assets subject to third party disputes?
  2. 2 Can the Court of Protection grant injunctive relief ancillary to its powers under sections 16 and 22 of the Mental Capacity Act 2005?
  3. 3 Is the joinder of DG as a party appropriate given his role in the dispute?

Ratio Decidendi

The Court of Protection does not have jurisdiction to grant freezing injunctions over assets subject to third party disputes, as such orders are not ancillary to its powers under sections 16 or 22 of the Mental Capacity Act 2005. Injunctive relief must be connected to a best interests decision or within the Court's jurisdiction, which was not the case here.

Court Disposition

appeal allowed

Orders

  • Proceeds of Sale Injunction discharged
  • Disclosure Order discharged