Potter Rees Dolan Trust Corporation Limited v WL & Anor

Potter Rees Dolan Trust Corporation Limited v WL & Anor

The Court accepted the parties' agreement to withdraw the recognition application and implement a dual management regime, combining English deputyship and Polish guardianship, as being in ML's best interests. The Court emphasised the importance of constructive engagement, procedural safeguards, and review mechanisms, while requiring further detail on property purchase and costs before finalising orders.

Parties
Applicant: Potter Rees Dolan Trust Corporation Limited; Respondent: WL; Respondent: ML
Jurisdiction
England and Wales
Judgment Date
11 April 2023
Procedural Posture
Court of Protection Property and Affairs Application / Post Hearing Judgment
Outcome
Agreement approved in principle; recognition application withdrawn; further directions pending confirmation from Polish court and costs submissions.
Legal Topics
Recognition and Enforcement of Foreign Protective Measures, Deputyship, Guardianship, Costs in Court of Protection, Management of Damages Award
Mental Capacity International Protection of Adults Property Law Recognition and Enforcement of Foreign Protective Measures Deputyship Guardianship Costs in Court of Protection Management of Damages Award

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Parties

Potter Rees Dolan Trust Corporation Limited

Applicant

WL

Respondent

ML

Respondent

Procedural Posture

Court of Protection Property and Affairs Application / Post Hearing Judgment

Legal Issues

  1. 1 Whether to recognise and enforce Polish guardianship and incapacity orders in England
  2. 2 Whether to transfer ML's English funds to Polish guardian
  3. 3 Whether to discharge or replace English deputy

Ratio Decidendi

The Court accepted the parties' agreement to withdraw the recognition application and implement a dual management regime, combining English deputyship and Polish guardianship, as being in ML's best interests. The Court emphasised the importance of constructive engagement, procedural safeguards, and review mechanisms, while requiring further detail on property purchase and costs before finalising orders.

Court Disposition

Agreement approved in principle; recognition application withdrawn; further directions pending confirmation from Polish court and costs submissions.

Orders

  • English Deputy to file written submissions on costs within 3 weeks.
  • WL and ML's representatives to respond within 3 weeks of receipt.