Re MA 12039024
March 2013 #127MA, who was born in 1978, was disabled and the PCT responsible for his care brought personal welfare proceedings in the Court of Protection for declarations as to his lack of capacity and where it would be in his best interests to live. MA’s mother opposed the application and, following the discovery that his capital exceeded the relevant limit, public funding was withdrawn in relation to those proceedings. On 31 May 2012 an order was made by Holman J authorising the Official Solicitor, who had been appointed as MA’s litigation friend, to investigate his property and financia...
Re Clarke 10370284
January/February 2013 #126A previous order of the court had invited any parties seeking costs to lodge written submissions. Family members and the professional deputy submitted that their costs should be charged to Mrs Clarke’s estate.
Michael Clarke (the son of Mrs Clarke) wanted this decision postponed and an order for disclosure and for production of further accounts of the deputy and OPG.
Held (allowing the costs to be charged):
- (1) There was no basis for departure from the general rule.
- (2) Michael Clarke’s application was refused.
Re Harcourt MHLO 74 (LPA)
December 2012 #125On 15 June 2009, Mrs Harcourt executed a lasting power of attorney (LPA) for property and affairs in which she appointed her daughter (A) to be her sole attorney. The LPA was registered with the Office of the Public Guardian (OPG) on 13 August 2009. In July 2011 the manager of Mrs Harcourt’s care home contacted the local county council expressing concerns that A had not paid Mrs Harcourt’s care home fees and that she gave her very little pocket money. The manager also expressed concerns regarding loans and credit cards which had recently been taken out in Mrs Harcourt’s...
XCC v AA & ors [2012] EWHC 2183 (COP)
November 2012 #124DD has severe learning disabilities, little language, little comprehension of anything other than very simple matters and needs assistance with almost all aspects of her daily life. Her parents are from Bangladesh, but the family has been brought up in Britain and are British citizens. DD married AA (said to be her cousin) in 2003 in Bangladesh. AA eventually gained a spousal visa in 2009 and moved in with DD and her parents, sharing DD’s bedroom and bed. DD’s marriage came to the attention of the learning disabilities team of XCC, leading to concerns about her welfare. The police obtain...
Re JC 11757467
September 2012 #122JC had four biological children: A, B, C and D. A was born in 1942 to a 15-year old mother. He was subsequently fostered, but throughout his life always understood JC to be his father and in the forty years preceding trial had worked and been in regular contact with him. JC denied parentage of A, but paternity was conclusively established by a court authorised DNA test. B and C were born in wedlock, in 1953 and 1955 respectively. However, they first had contact with their father in or around 2006/7. Their relationships remained strained, C in particular refusing to attend the hearing as ...
Crafer v Jesshope
June 2012 #120The application concerned a rift within the Jesshope/Crafer family. Mrs Edith Jesshope, aged 89, was the respondent. Mr Hubert Jesshope, aged 90, had been married to Mrs Jesshope for 65 years. Mrs Jesshope was the mother of Graham and Susan. The applicant was Susan’s husband, Mr Ian Crafer.
In mid-2008, Mr Jesshope took steps to require Graham to move out of the long time family house in Esher owned by Mr and Mrs Jesshope. Mrs Jesshope asserted a wish to live with Graham instead of Mr Jesshope. A rift emerged between Mrs Jesshope and Graham on one side (liviing in the Esher ...
Re JDS; Smyth v JDS [2012] COP 10334473
April 2012 #118In 2001 the patient, J, received a settlement of £2,090,000 damages in respect of cerebral palsy suffered as a result of complications at the time of his birth in 1991. Of this, £1,611,222 was attributable to his future care needs. J is an only child. His father was born in 1959 and his mother in 1962. He lives with them in a house bought in October 2000 for £349,950 from an interim payment that is held by his parents and Mr Smyth (S), his receiver (now the deputy) as his trustees. Its current value is estimated at £675,000. J’s life expectancy was originally assessed in 1998 as la...
Sharma & anr v Hunters [2011] EWHC 2546 (COP)
March 2012 #117The applicants (R and J) made a wasted costs application against the respondent solicitors (H) in the context of proceedings known as D v R (Deputy of S) and S [2010] EWHC 2405 (CoP), which had been heard by Henderson J in the Court of Protection concerning S. R was S’s daughter and his deputy. She had brought proceedings in the Chancery Division in S’s name to recover property S had given away to D on the basis of undue influence. S’s wish was that D should retain the property given to her. In that context, D applied for a declaration from the Court of Protection that ...
SM v HM 11875043/01
March 2012 #117HM was born on 3 April 2004 and suffered from cerebral palsy following injuries she sustained during her birth. She was likely to lack capacity on reaching 18 and it was agreed that the Court of Protection had jurisdiction over her property and affairs. Proceedings against the relevant NHS trust for damages were compromised in 2010. The level of compromise damages was much less than the real level of HM’s likely care needs owing to leading counsel’s advice that her claim stood only a 25% to 33% prospect of success.
On 10 September 2010, District Judge Ashton had refus...