Archive for 2016

  • 08/09/2016

    RP, Re [2016] EWCOP 1 (05 January 2016)

    This case concerns an application by family members of the Protected Party (P) to be appointed Deputy for P’s property and affairs in place the existing professional deputy The Facts P was born on 21st March 1932 and had 5 children, 4 from his first marriage (‘S, C, M and […]

  • 08/09/2016

    LM, Re [2015] EWCOP 91 (08 December 2015)

    This was an application to execute a statutory will on behalf of LM, whose assets were significant following the receipt of an award from the Criminal Injuries Compensation Authority. The main question here was the percentage of her estate that should go to charity. Background LM was adopted after she […]

  • 08/09/2016

    Clarke, Re [2016] EWCOP 11 (22 February 2016)

    This case was an on-going dispute between family members concerning Mrs AC (‘P’) and the current application was made by one of P’s sons, MC to vary the order of 9th October 2012 to allow the sale of P’s property. The Facts P, 75 years, has been kept residing in […]

  • 06/07/2016

    Cambridgeshire County Council v P [2016] EWFC B39 (11 May 2016)

    This case looked at a care order and placement order applied for by the Cambridgeshire County Council for a little girl, named T. The mother, P, had a history of having involvement with men who were violent and who abused alcohol and drugs. She was also seen as not being […]

  • 22/06/2016

    V v Associated Newspapers Ltd & Ors [2016] EWCOP 29 (14 June 2016)

    This case concerned an application for a reporting restrictions order. The Applicant made an application that part of her costs be paid by the Respondent on an indemnity basis, because of their conduct. Mr Justice Charles refused the application stating that, in his view, departure from Rule 157 of the […]

  • 22/06/2016

    Cambridge University Hospitals NHS Foundation Trust v BF [2016] EWCOP 26 (18 May 2016)

    This case looked at a 36 year old woman, known as BF, who suffered from paranoid schizophrenia and was currently detained in a mental health unit. She was advised to have a total abdominal hysterectomy due to the fear that she may have ovarian cancer. This surgery, however, meant that […]

  • 22/06/2016

    RM, Re [2016] EWCOP 25 (12 May 2016)

    In 2014, R executed a Lasting power of attorney (LPA) for property and financial affairs in which he appointed to his wife (who later died in 2015), son and daughter and an LPA for health and welfare in which he appointed his daughter, S, as sole attorney. The office of […]

  • 22/06/2016

    London Borough of Brent v C [2016] EWHC 1335 (Fam) (28 April 2016)

    In this case the child, known as C, was raised by a foster mother instead of his natural mother as she wanted no involvement within the child’s life. The natural mother signed papers to have C adopted however this process was halted when it was discovered that C was suffering […]

  • 19/05/2016

    YW, Re [2016] EWCOP 18 (24 March 2016)

    This case concerned an application by the Public Guardian to revoke a Lasting Power of Attorney for property and financial affairs. The proceedings related to Yvonne, who was born on 12 December 1935. She owned a care home, which her husband set up in 1984. He died in 1995. She […]

  • 19/05/2016

    Re W (Medical Treatment : Anorexia) [2016] EWCOP 13 (26 February 2016)

    In this case, Miss W, a young woman aged 28, had suffered from anorexia nervosa for 20 years. Since the age of 11, she had had six admissions for inpatient treatment, amounting to about 10 years in total. Her current admission had lasted for 2½ years and yet, despite the […]

  • 19/05/2016

    Paper and CCMS Legal Aid – The Differences

    When applying for and claiming costs under a Legal Aid Certificate, there are a number of differences between paper and CCMS claims which are worth noting. Legal Aid Certificate – Amendments & Cost Limitation The first most obvious difference is the format of the Legal Aid Certificate.  On a paper […]

  • 19/05/2016

    FM (A Child) [2016] EWCA Civ 189 (23 March 2016)

    This was a Judgment given by Mr Justice Baker, Lord Justice McFarlane and Lady Justice Sharp in respect of an Appeal against a Special Guardianship Order.  The Appeal was issued by the mother in relation to the Special Guardianship Order made in respect of her son, F, on 03/11/15 by […]

  • 19/05/2016

    AH, Re [2016] EWCOP 9 (02 February 2016)

    The matter concerned an elderly spinster who was one of 4 siblings. She had dementia since 2010 and lived in a nursing home. Prior to that she lived in the family home which she had inherited from her mother. In late 2010 she executed a LPA in favour of her […]

  • 19/05/2016

    CS [2016] EWCOP 10 (22 January 2016)

    This was an application by a NHS Trust in respect of a young woman who was said to lack capacity and they sought an order that it would be in her best interests for her to undergo surgery to terminate her current pregnancy. The facts were that the Respondent (represented […]

  • 06/04/2016

    CPR Update

    I am sure you have seen the recent updates to the CPR that are due to be implemented from today, 6 April 2016, but I just wanted to highlight them from a costs drafting point of view.  The main developments involve costs Budgets and the associated work, including an updated […]


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