In Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 (T2), Senior Judge Hilder had to grapple… Read more
Category: Property and affairs
Best interests, wishes and feelings: a worked example in an imperfect world
Aberdeenshire Council v SF (No 4) (Residence) [2024] EWCOP 67 (T3) is the most recent in a long-running series of… Read more
The tendency of human nature to be swayed by interest rather than duty
In Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16, Irwin Mitchell Trust Corporation (“IMTC”) had been appointed… Read more
Changes to P&A deputyship applications from 1 January 2023
From January 2023, the new upfront notification process will become the standard process for all Property and Affairs deputyship applications,… Read more
Deputies, fixed costs, detailed assessment and net assets
In Penntrust Ltd v West Berkshire District Council & Anor [2020] EWCOP 48, HHJ Hilder has returned to the vexed… Read more
Deputyship and legal incapacitation: don’t (always) believe what you read
It is rare, but unfortunate, when a judge misdirects themselves as to the law, but in Bashir v Bashir [2019]… Read more
When not telling is in a person’s best interests
In the personal injury case of EXB v FDZ & Ors [2018] EHWC 3456 (QB), Foskett J had to grapple… Read more
Local authority deputies – the pros (and a con?)
In Re EU (Appointment of a Deputy) [2014] EWCOP 21 (a case that missed the cut for the August Mental Capacity Law… Read more
The CRPD, undue influence and the COP
LB Haringey v CM [2014] EWCOP B23 Summary This case concerns an objection by a family member to the appointment of… Read more
Tithing and the CoP – religion under the capacity microscope
A County Council v MS and RS [2014] EWHC B14 (COP) Summary MS was a Mormon. He was also mentally… Read more