KJP, Re [2016] EWCOP 6 (14 January 2016)

KJP, Re [2016] EWCOP 6 (14 January 2016)

Permission to appeal is refused because the appeal has no real prospect of success; Ken's capacity to revoke the EPA was established by clear, time-specific, and decision-specific expert evidence, and the attorneys failed to provide any contrary medical evidence. Procedural irregularities alleged by the attorneys did not affect the substantive justice of the decision, and the statutory requirements for revocation were met.

Citation
[2016] EWCOP 6
Parties
Applicant: TB; Applicant: SP; Respondent: KJP (Ken)
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
Revocation of Enduring Power of Attorney, Capacity to Revoke Power of Attorney, Procedural Fairness in Court of Protection, Costs in Property and Affairs Proceedings
Mental Capacity Law Court of Protection Revocation of Enduring Power of Attorney Capacity to Revoke Power of Attorney Procedural Fairness in Court of Protection Costs in Property and Affairs Proceedings

Case Brief

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Parties

TB

Applicant

SP

Applicant

KJP (Ken)

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 donor (Ken) had capacity to revoke the Enduring Power of Attorney (EPA) at the relevant time
  2. 2 Whether procedural irregularities or unfairness occurred in the handling of the objections to revocation
  3. 3 Whether the attorneys' objections were properly struck out for failure to file medical evidence

Ratio Decidendi

Permission to appeal is refused because the appeal has no real prospect of success; Ken's capacity to revoke the EPA was established by clear, time-specific, and decision-specific expert evidence, and the attorneys failed to provide any contrary medical evidence. Procedural irregularities alleged by the attorneys did not affect the substantive justice of the decision, and the statutory requirements for revocation were met.

Court Disposition

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

Orders

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