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Controversial deputies

Ruth Hughes considers two recent Court of Protection cases

which raised questions over the appointment of deputies

22 December 2016

In The Friendly Trust’s Bulk Application [2016] EWCOP 40, the trust was seeking a bulk order in respect of 52 deputyships inter alia to be entitled to charge fixed costs up to the amount permitted under practice direction 19B to the Court of Protection Rules 2007. This was, it said, so that it could continue to provide a deputyship service on viable terms.

The permission requested was both retrospective and prospective and asked for liberty to apply for costs in future cases as well. The reason for the application was that the Office of the Public Guardian had established that the Friendly Trust had been without authority to charge for anything other than out-of-pocket expenses.District Judge Eldergill considered that a ‘bulk’ application was not appropriate because the interests of those lacking capacity were materially affected by the order sought and it was necessary for them to be notified, unless n...

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