EG & Anor v P

P lacks capacity to decide on payment of the drug debt; court cannot sanction payment as it would amount to condoning criminal conduct; deputies must not make the payment.

Parties: Applicant: EG; Applicant: JM; Respondent: P
Jurisdiction: England and Wales
Judgment Date: 22 May 2025
Procedural Posture: Court of Protection Application / Judgment
Outcome: application refused
Legal Topics: Assessment of Capacity, Proceeds of Crime, Deputyship, Solicitors' Regulatory Obligations

Mental Capacity Criminal Law Professional Regulation Assessment of Capacity Proceeds of Crime Deputyship Solicitors' Regulatory Obligations

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Applicant

Respondent

Procedural Posture

Court of Protection Application / Judgment

Legal Issues

1 Does P have capacity to decide on payment of a drug debt?
2 Can deputies lawfully pay a drug debt on behalf of P?
3 Are deputies professionally and criminally liable if they pay the debt?

Ratio Decidendi

P lacks capacity to decide on payment of the drug debt; court cannot sanction payment as it would amount to condoning criminal conduct; deputies must not make the payment.

Court Disposition

application refused

Orders

Payment to P for the sum to satisfy the drug debt should not be made.