Can you charge interest on Deputyship costs?
It is commonly questioned about whether or not interest is payable on legal fees incurred by a professional Deputy in a Court of Protection case. Interest on unpaid legal costs…
Tag: protected party
Guidance given in failed claim for shortfall
Before the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ended recoverable additional liabilities in most personal injury claims, it was commonplace for Claimant Solicitors to…
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Can the police gain access to the psychological report undertaken on the protected party?
In the case of AB (Court of Protection: Police Disclosure) [2019] EWCOP 66, an application was put forward by the police force in order to gain access to a psychological…
Should P continue to have contact with her abusive partner?
In a recent case, A County Council v LW & Anor [2020], an application was brought by a Local Authority in relation to the Protected Party’s capacity. The Protected Party…
KKL Executor & Trustee Company Ltd v Harrison (2020) – Is it cynical for a professional Deputy to expect to be paid?
The short answer is no. The above case concerned an elderly woman (OT, the Protected Party) in Leeds who lacks capacity to deal with her property and financial affairs. KKL…
Lockdown Lowdown – Francesca Gardner
This blog forms part of a series of weekly interviews with several professionals during lockdown. It aims to inform Deputies and their teams about how each organisation within the field…
Levels of contact in Court of Protection cases – what is reasonable?
The Case of Trudy Samler 2001 considers the level of costs incurred regarding contact and whether this is reasonable. The case looks into whether these costs are instigated by the…
NB, Re (Consent to sex) [2019]- After 27 Years of marriage, did the Protected Party have capacity to marry and consent to sexual relations with her husband?
The Protected Party came to live in the UK in 1985 and married her husband in 1992. The marriage was contracted abroad. When the Protected Party first came to live…