Tag: Court of protection
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What Mazur Means for the Court of Protection
The High Court’s decision in Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) has landed with unusual force across the profession. What began as a discrete costs appeal over a law firm’s use of an employee without a practising certificate has spiralled into a wider crisis of confidence about who, within a regulated…
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Bargain Wills, Expensive Consequences: The Case for Regulation
A man dies. His partner is left to grieve and discovers that the Will he made online for £19.99 includes a clause she had no idea existed. It names the Will-writing service’s parent company as professional executor and entitles them to 4% of the estate. The company demands nearly £10,000. The house she lived in,…
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Navigating Direct Payments After Lumb: What Deputies Need to Know
Lumb v NHS Humber and North Yorkshire ICB & Anor [2024] EWCOP 57 has become a lightning rod for scrutiny across Court of Protection practice. At its core, the case raised a deceptively simple question: can a professional deputy act as the recipient of direct payments (DPs) and charge P for related management, without express…
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The OPG’s 2025 Family Care Payments Guidance
The Office of the Public Guardian (OPG) has released updated guidance on family care payments in March 2025, revising its expectations for deputies who authorise payments from P’s funds to family members providing informal care. The guidance aims to balance P’s best interests with transparency and fairness in remunerating family members. However, this new guidance…
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Capacity, Contempt, and Custody: What Lawyers Need to Know from DCC v Grundy
The Court of Protection rarely exercises its power to commit individuals to prison for contempt. However, the recent case of Derbyshire County Council v James Grundy (DCC v Grundy) sets a striking precedent, demonstrating the court’s willingness to enforce its injunctions where continued non-compliance endangers a protected party (P). This case highlights the complex interplay…
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Managing a Deputyship When P Moves Abroad: Lessons from Irwin Mitchell Trust Corporation Ltd v KS
When an individual under a Court of Protection deputyship moves abroad, deputies may assume that their role automatically ends, or that managing P’s assets from England will become impossible. However, the recent decision in Irwin Mitchell Trust Corporation Ltd v KS & Ors [2025] EWCOP 7 provides much-needed clarity on when and how the Court…
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Reverse Indemnities in Personal Injury Settlements: Key Takeaways from BJB [2024] EWCOP 59 (T2)
Reverse indemnities require claimants who receive damages for personal injury to avoid “double dipping”—using both damages and state-funded support for care costs. If a claimant seeks state support, they often must repay the defendant. These indemnities aim to prevent overcompensation, ensuring resources are fairly used. However, they can be challenging to enforce, especially as claimants’…
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Key Changes to Gifting Guidance from the OPG
The Office of the Public Guardian has updated its guidance, introducing important changes that deputies and attorneys need to be aware of. These updates clarify how best interests are determined, specify when an application to the Court of Protection is necessary, and reinforce compliance requirements. This article breaks down each change in detail, helping you…
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Navigating Trusts in Deputyships: Lessons from Nilsson v Cynberg on Express and Constructive Trusts
In the recent case of Nilsson v Cynberg (2024 EWHC 2164 Ch), the High Court addressed a question of increasing relevance for those of us managing property and finances under Court of Protection orders: how can informal agreements, particularly those related to property ownership, coexist with or override formal express declarations of trust? For…
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Key Considerations for Court of Protection Injunctions
Injunctions are a powerful tool within the Court of Protection’s arsenal, used to prevent actions that may jeopardise the well-being of those who are unable to protect themselves due to a lack of mental capacity. However, the use of such injunctions must be carefully balanced against the rights of those subject to the orders. The…
Jessica Jarvis 