KJP, Re

KJP, Re

Permission to appeal is refused because the appeal has no real prospect of success, there is no compelling reason for it to be heard, and the District Judge's decision was neither wrong nor unjust. The evidence of Ken's capacity to revoke the EPA was clear, expert, and uncontradicted by any medical evidence from the attorneys. Procedural complaints did not affect the substantive correctness of the decision.

Parties
Applicant: TB; Applicant: SP; Respondent: KJP
Jurisdiction
England and Wales
Judgment Date
14 January 2016
Procedural Posture
Court of Protection Property and Affairs / Application for Permission to Appeal District Judge's Order Confirming Revocation of Enduring Power of Attorney
Outcome
Permission to appeal refused; District Judge's order affirmed.
Legal Topics
Enduring Power of Attorney, Revocation of Power of Attorney, Capacity Assessment, Procedural Fairness, Costs
Mental Capacity Law Court of Protection Enduring Power of Attorney Revocation of Power of Attorney Capacity Assessment Procedural Fairness Costs

Case Brief

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Parties

TB

Applicant

SP

Applicant

KJP

Respondent

Procedural Posture

Court of Protection Property and Affairs / Application for Permission to Appeal District Judge's Order Confirming Revocation of Enduring Power of Attorney

Legal Issues

  1. 1 Whether the appeal against the confirmation of revocation of the Enduring Power of Attorney should be allowed
  2. 2 Whether the respondent (Ken) had capacity to revoke the EPA at the relevant time
  3. 3 Whether procedural irregularities or unfairness justified granting permission to appeal

Ratio Decidendi

Permission to appeal is refused because the appeal has no real prospect of success, there is no compelling reason for it to be heard, and the District Judge's decision was neither wrong nor unjust. The evidence of Ken's capacity to revoke the EPA was clear, expert, and uncontradicted by any medical evidence from the attorneys. Procedural complaints did not affect the substantive correctness of the decision.

Court Disposition

Permission to appeal refused; District Judge's order affirmed.

Orders

  • No order for costs up to 25 March 2015.
  • Costs thereafter to be assessed on the standard basis and paid by the attorneys.