JBN, Re

JBN, Re

The Public Guardian failed to properly evaluate the evidence of JN's capacity before commencing proceedings, acted disproportionately by seeking serious interim orders without notice, and did not tailor the litigation to the real issue. This conduct justified a departure from the general costs rule, and the Public...

Source-derived case information.

Parties
Applicant: The Public Guardian; Respondent: DJN
Jurisdiction
England and Wales
Judgment Date
23 December 2019
Procedural Posture
Property and Affairs (court of Protection) / Costs Ruling After Substantive Judgment
Outcome
Application for costs by DN allowed in part; Public Guardian to pay 50% of DN's costs.
Legal Topics
Lasting Power of Attorney, Capacity Assessment, Costs Orders, Public Guardian's Duties
Mental Capacity Court of Protection Costs Lasting Power of Attorney Capacity Assessment Costs Orders Public Guardian's Duties

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Parties

The Public Guardian

Applicant

DJN

Respondent

Procedural Posture

Property and Affairs (court of Protection) / Costs Ruling After Substantive Judgment

Legal Issues

  1. 1 Whether the Public Guardian acted unreasonably in bringing proceedings and seeking interim orders
  2. 2 Whether there is justification to depart from the general rule on costs in property and affairs cases

Ratio Decidendi

The Public Guardian failed to properly evaluate the evidence of JN's capacity before commencing proceedings, acted disproportionately by seeking serious interim orders without notice, and did not tailor the litigation to the real issue. This conduct justified a departure from the general costs rule, and the Public Guardian should pay 50% of DN's costs.

Court Disposition

Application for costs by DN allowed in part; Public Guardian to pay 50% of DN's costs.

Orders

  • The Public Guardian is not entitled to be paid his own costs from JN's funds.
  • The Public Guardian shall pay 50% of DN's costs, including the costs of the costs hearing, to be assessed by the Senior Courts Costs Office.