Clarke, Re

Clarke, Re

There is no basis for departure from the general rule; the conduct of the family members and Deputy was reasonable, while Mr Michael Clarke’s conduct was unreasonable. Costs are to be charged to Mrs Clarke’s estate.

Parties
Subject: Mrs Ann Clarke; Applicant: Mr Michael Clarke; Respondent: Ms Angela Wilde; Respondent: Mr Kevin Clarke; Deputy: Mr Hugh Jones
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Property and Affairs / Costs Judgment
Outcome
Costs of family members and Deputy charged to Mrs Clarke’s estate; applications by Mr Michael Clarke refused.
Legal Topics
Costs, Conduct of Parties, Assessment of Deputy Charges
Mental Capacity Estate Administration Costs Conduct of Parties Assessment of Deputy Charges

Case Brief

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Parties

Mrs Ann Clarke

Subject

Mr Michael Clarke

Applicant

Ms Angela Wilde

Respondent

Mr Kevin Clarke

Respondent

Mr Hugh Jones

Deputy

Procedural Posture

Property and Affairs / Costs Judgment

Legal Issues

  1. 1 Whether costs should be charged to Mrs Clarke’s estate
  2. 2 Whether there is basis to depart from the general rule on costs
  3. 3 Assessment of Deputy’s management charges

Ratio Decidendi

There is no basis for departure from the general rule; the conduct of the family members and Deputy was reasonable, while Mr Michael Clarke’s conduct was unreasonable. Costs are to be charged to Mrs Clarke’s estate.

Court Disposition

Costs of family members and Deputy charged to Mrs Clarke’s estate; applications by Mr Michael Clarke refused.

Orders

  • Costs of Ms Angela Wilde and Mr Kevin Clarke summarily assessed at £3500 + VAT and charged to estate.
  • Costs of Deputy summarily assessed at £7000 + VAT and charged to estate.