Penntrust Ltd v West Berkshire District Council & Anor

Penntrust Ltd v West Berkshire District Council & Anor

The deputyship order was made in the specific context of an estate with net assets below £16,000 (as defined at the time), and thus constituted a 'specific order' authorising SCCO assessment for those periods. For later periods, the current Practice Direction's lack of definition means 'net assets' includes all assets, so the threshold is exceeded and authority exists. Retrospective authorisation is not required. The application for a charge on the property is premature until the debt is quantified.

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 / Judgment After Final Hearing
Outcome
Application for authority to seek SCCO assessment of costs granted; application for charge on property refused as premature.
Legal Topics
Deputyship Costs, Interpretation of Practice Direction 19 B, Assessment of Professional Fees, Retrospective Authorisation, Definition of Net Assets
Mental Capacity Law Court of Protection Costs Deputyship Costs Interpretation of Practice Direction 19 B Assessment of Professional Fees Retrospective Authorisation Definition of Net Assets

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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 / Judgment After Final Hearing

Legal Issues

  1. 1 Whether the deputy had authority to seek SCCO assessment of costs where P's net assets were below £16,000
  2. 2 Whether the definition of 'net assets' in the old Practice Direction 19B carries over to the current version
  3. 3 Whether retrospective authorisation for assessment of costs should be granted

Ratio Decidendi

The deputyship order was made in the specific context of an estate with net assets below £16,000 (as defined at the time), and thus constituted a 'specific order' authorising SCCO assessment for those periods. For later periods, the current Practice Direction's lack of definition means 'net assets' includes all assets, so the threshold is exceeded and authority exists. Retrospective authorisation is not required. The application for a charge on the property is premature until the debt is quantified.

Court Disposition

Application for authority to seek SCCO assessment of costs granted; application for charge on property refused as premature.

Orders

  • PennTrust Ltd is confirmed as having authority to seek SCCO assessment of its costs for all relevant periods.
  • If further SCCO assessment is sought, application must be made by 1st October 2020 and the current deputy must be notified.