SK, Re [2012] EWCOP 1990 (09 July 2012)

SK, Re [2012] EWCOP 1990 (09 July 2012)

CK is to be joined as a party to the Court of Protection proceedings in his capacity as SK's brother, as he has a genuine interest in SK's welfare and meets the requirements for joinder. GA Group PLC (the defendant in the Queen's Bench proceedings) is not to be joined, as its interest is purely financial and not in...

Source-derived case information.

Citation
[2012] EWCOP 1990
Parties
Applicant: Local Authority; 1st Respondent: SK (by Official Solicitor); 2nd Respondent: JK; 3rd Respondent: Primary Care Trust; Applicant for Joinder: CK; Applicant for Joinder: GA Group PLC (the QB defendant)
Jurisdiction
England and Wales
Judgment Date
09 July 2012
Procedural Posture
Court of Protection Proceedings (with Related Queen's Bench Personal Injury Proceedings) / Interlocutory Application for Joinder of Parties
Outcome
CK's application for joinder granted; GA Group PLC's application for joinder refused.
Legal Topics
Joinder of Parties, Best Interests Decisions, Capacity, Damages Assessment, Court of Protection Procedure
Mental Capacity Law Civil Procedure Personal Injury Joinder of Parties Best Interests Decisions Capacity Damages Assessment Court of Protection Procedure

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Parties

Local Authority

Applicant

SK (by Official Solicitor)

1st Respondent

JK

2nd Respondent

Primary Care Trust

3rd Respondent

CK

Applicant for Joinder

GA Group PLC (the QB defendant)

Applicant for Joinder

Procedural Posture

Court of Protection Proceedings (with Related Queen's Bench Personal Injury Proceedings) / Interlocutory Application for Joinder of Parties

Legal Issues

  1. 1 Whether CK (brother of SK) should be joined as a party to the Court of Protection proceedings
  2. 2 Whether GA Group PLC (defendant in Queen's Bench proceedings) should be joined as a party to the Court of Protection proceedings
  3. 3 Whether the Court of Protection should consider all options for SK's care and rehabilitation, including those funded by damages from the tortfeasor

Ratio Decidendi

CK is to be joined as a party to the Court of Protection proceedings in his capacity as SK's brother, as he has a genuine interest in SK's welfare and meets the requirements for joinder. GA Group PLC (the defendant in the Queen's Bench proceedings) is not to be joined, as its interest is purely financial and not in SK's best interests, and its participation would not assist the Court of Protection in determining the substantive application. The Court of Protection will consider all options for SK's care and rehabilitation where there is a reasonable prospect of funding from any accessible source, including damages.

Court Disposition

CK's application for joinder granted; GA Group PLC's application for joinder refused.

Orders

  • CK is joined as a party to the Court of Protection proceedings in his capacity as SK's brother.
  • GA Group PLC's application for joinder is refused.