N & Anor v E & Ors

N & Anor v E & Ors

The court held that it was appropriate to apply the general rule that costs be paid from E's estate, as M's conduct during proceedings was satisfactory, allegations against her were unproven, and the proceedings were essentially private law. There was no need to apportion costs between property/affairs and personal welfare. The court also declared E's Living Will to be valid and applicable to her treatment, remedying the technical issue caused by the disclaimer of attorneys.

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 / Judgment on Costs and Declaration Regarding Living Will
Outcome
Costs of all parties to be assessed on the standard basis and paid from E's estate; declaration made regarding validity of E's Living Will.
Legal Topics
Lasting Power of Attorney, Living Will, Advance Decision, Deputy Appointment, Costs Orders
Mental Capacity Costs Lasting Power of Attorney Living Will Advance Decision Deputy Appointment Costs Orders

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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 / Judgment on Costs and Declaration Regarding Living Will

Legal Issues

  1. 1 Whether M's costs should be paid from E's estate or by M personally
  2. 2 Whether the court should apportion costs between property/affairs and personal welfare issues
  3. 3 Validity and effect of E's Living Will after disclaimer of attorneys

Ratio Decidendi

The court held that it was appropriate to apply the general rule that costs be paid from E's estate, as M's conduct during proceedings was satisfactory, allegations against her were unproven, and the proceedings were essentially private law. There was no need to apportion costs between property/affairs and personal welfare. The court also declared E's Living Will to be valid and applicable to her treatment, remedying the technical issue caused by the disclaimer of attorneys.

Court Disposition

Costs of all parties to be assessed on the standard basis and paid from E's estate; declaration made regarding validity of E's Living Will.

Orders

  • Costs of all parties to be assessed and paid from E's estate.
  • Declaration that E's Living Will continues to exist, is valid, and is applicable to her treatment.