Penntrust Ltd v West Berkshire District Council & Anor [2020] EWCOP 48 (28 September 2020)

Penntrust Ltd v West Berkshire District Council & Anor [2020] EWCOP 48 (28 September 2020)

The deputyship order, made with full knowledge of AH's estate and family circumstances, specifically authorised SCCO assessment for all periods, including when net assets were below £16,000 as defined at the time. The current version of PD19B does not exclude occupied property from 'net assets', so the ordinary...

Source-derived case information.

Citation
[2020] EWCOP 48
Parties
Applicant: PennTrust Limited; First Respondent: West Berkshire District Council; Second Respondent: The Public Guardian
Jurisdiction
England and Wales
Judgment Date
28 September 2020
Procedural Posture
Court of Protection Property and Affairs Deputyship Costs Determination / Final Judgment After Contested Hearing
Outcome
PennTrust Ltd was always authorised to seek SCCO assessment of its costs for all periods; no retrospective authorisation is required; application for a charge over AH's property is refused at this stage.
Legal Topics
Deputyship Costs, Interpretation of Practice Direction 19 B, Assessment of Professional Fees, Definition of Net Assets, Retrospective Authorisation, Security for Costs
Mental Capacity Court of Protection Costs Deputyship Costs Interpretation of Practice Direction 19 B Assessment of Professional Fees Definition of Net Assets Retrospective Authorisation +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

PennTrust Limited

Applicant

West Berkshire District Council

First Respondent

The Public Guardian

Second Respondent

Procedural Posture

Court of Protection Property and Affairs Deputyship Costs Determination / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the deputy was authorised to seek SCCO assessment of costs where P's net assets were below £16,000 under PD19B
  2. 2 Whether the definition of 'net assets' in the 2011-2017 version of PD19B carries over to the current version
  3. 3 Whether retrospective authorisation for SCCO assessment is required

Ratio Decidendi

The deputyship order, made with full knowledge of AH's estate and family circumstances, specifically authorised SCCO assessment for all periods, including when net assets were below £16,000 as defined at the time. The current version of PD19B does not exclude occupied property from 'net assets', so the ordinary meaning applies. Therefore, PennTrust Ltd was always authorised to seek SCCO assessment for its costs and no retrospective authorisation is required.

Court Disposition

PennTrust Ltd was always authorised to seek SCCO assessment of its costs for all periods; no retrospective authorisation is required; application for a charge over AH's property is refused at this stage.

Orders

  • PennTrust Ltd may apply to the SCCO for assessment of costs for the period 2017/2018 and until discharge by 1 October 2020, providing copies to the current deputy.
  • Once the debt is quantified, the current deputy may apply for authority to secure the debt on AH's property if considered in AH's best interests.