N & Anor v E & Ors [2014] EWCOP 27 (15 August 2014)

N & Anor v E & Ors [2014] EWCOP 27 (15 August 2014)

The costs of all parties are to be assessed on the standard basis and paid from E's estate, as the proceedings were essentially private law, M's conduct during proceedings was satisfactory, and the allegations against M were not proven. The court also declared that E's advance decisions in her Living Will continue to exist, are valid, and are applicable to her treatment.

Citation
[2014] EWCOP 27
Parties
Applicant: N; Applicant: S; Respondent: E; Respondent: M; Respondent: Julian Korn; Respondent: Ian Burman
Jurisdiction
England and Wales
Judgment Date
15 August 2014
Procedural Posture
Court of Protection Costs and Welfare / Post Hearing Judgment on Costs and Declaration
Outcome
Costs of all parties to be assessed and paid from E's estate; declaration as to validity of Living Will.
Legal Topics
Lasting Power of Attorney, Advance Decision (living Will), Costs Orders, Personal Welfare, Property and Affairs
Mental Capacity Court of Protection Costs Lasting Power of Attorney Advance Decision (living Will) Costs Orders Personal Welfare Property and Affairs

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Parties

N

Applicant

S

Applicant

E

Respondent

M

Respondent

Julian Korn

Respondent

Ian Burman

Respondent

Procedural Posture

Court of Protection Costs and Welfare / Post Hearing Judgment on Costs and Declaration

Legal Issues

  1. 1 Whether the costs of all parties should be paid from E's estate or otherwise apportioned
  2. 2 Validity and effect of E's Living Will after disclaimer of attorneys under LPA

Ratio Decidendi

The costs of all parties are to be assessed on the standard basis and paid from E's estate, as the proceedings were essentially private law, M's conduct during proceedings was satisfactory, and the allegations against M were not proven. The court also declared that E's advance decisions in her Living Will continue to exist, are valid, and are applicable to her treatment.

Court Disposition

Costs of all parties to be assessed and paid from E's estate; declaration as to validity of Living Will.

Orders

  • Costs of all parties to be assessed on the standard basis and paid from E's estate.
  • Declaration under section 26(4) of the Mental Capacity Act 2005 that E's advance decisions in her Living Will continue to exist, are valid, and are applicable to her treatment.