COURT OF PROTECTION: A Carer/Litigant in Person's Case History (UK Law)
Book Details
Author(s)Antoinette Tricker
PublisherCourt of Protection Books
ISBN / ASINB01BCRJ9P6
ISBN-13978B01BCRJ9P0
Sales Rank99,999,999
MarketplaceUnited States 🇺🇸
Description
The first detailed account by a Litigant in Person of action taken against a professional deputy.
The case - heard in 2012 - concerned a claim for forfeiture of two security bonds (now known as surety bonds). All Court of Protection clients pay annually for this commercial insurance, to cover them for any financial loss caused by their deputy.
In this case, an Executrix acting as a Litigant in Person claimed for losses caused to her parents through their deputy’s negligence and abusive Bill of Costs. As the first lay person to have successfully challenged a professional deputy’s bill in the Senior Courts Costs Office, she applied to the Court of Protection for the costs/losses incurred in re-assessing the bill, and submitted extensive evidence of the deputy’s failure to comply with court instructions and mandatory fiduciary duties.
Following the hearing, rulings made by Senior Judge Denzil Lush effectively amended the bond’s terms and conditions, and imposed some surprising restrictions on claims. Yet, in line with past practice, the court withheld both the judgment and information on these key amendments from its clients, the ‘policy holders’.
In 27 years, the bonds of only 4 professional deputies have been forfeited by the court, yet all four judgments were withheld from the public. Following a formal application by the Executrix, the court finally agreed to publish the judgment in this case – the first of its kind in the court’s history.
As the only example of case law involving a claim against professional deputy, the case history and judgment form essential reading for both lay and professional deputies, and for Litigants in Person and legal professionals intending to take similar action on behalf of vulnerable clients.
In the absence of any published guidance on the bonds, or notification of revisions to their terms, the account sheds new light on this ill-documented and rarely discussed area of Court of Protection practice. It also provides important information on the bonds themselves, and details changes to rules and procedures encountered during proceedings at the Court of Protection.
Written as a chronology, the reader is taken step-by-step through all court proceedings - including hearings at the Senior Courts Costs Office, Court of Appeal, Court of Protection and Chancery Division – thereby gaining a unique, ‘fly-on-the-wall’ insight into this largely ‘closed court.’
The case history can also be downloaded from the website: litigantinperson.info
The case - heard in 2012 - concerned a claim for forfeiture of two security bonds (now known as surety bonds). All Court of Protection clients pay annually for this commercial insurance, to cover them for any financial loss caused by their deputy.
In this case, an Executrix acting as a Litigant in Person claimed for losses caused to her parents through their deputy’s negligence and abusive Bill of Costs. As the first lay person to have successfully challenged a professional deputy’s bill in the Senior Courts Costs Office, she applied to the Court of Protection for the costs/losses incurred in re-assessing the bill, and submitted extensive evidence of the deputy’s failure to comply with court instructions and mandatory fiduciary duties.
Following the hearing, rulings made by Senior Judge Denzil Lush effectively amended the bond’s terms and conditions, and imposed some surprising restrictions on claims. Yet, in line with past practice, the court withheld both the judgment and information on these key amendments from its clients, the ‘policy holders’.
In 27 years, the bonds of only 4 professional deputies have been forfeited by the court, yet all four judgments were withheld from the public. Following a formal application by the Executrix, the court finally agreed to publish the judgment in this case – the first of its kind in the court’s history.
As the only example of case law involving a claim against professional deputy, the case history and judgment form essential reading for both lay and professional deputies, and for Litigants in Person and legal professionals intending to take similar action on behalf of vulnerable clients.
In the absence of any published guidance on the bonds, or notification of revisions to their terms, the account sheds new light on this ill-documented and rarely discussed area of Court of Protection practice. It also provides important information on the bonds themselves, and details changes to rules and procedures encountered during proceedings at the Court of Protection.
Written as a chronology, the reader is taken step-by-step through all court proceedings - including hearings at the Senior Courts Costs Office, Court of Appeal, Court of Protection and Chancery Division – thereby gaining a unique, ‘fly-on-the-wall’ insight into this largely ‘closed court.’
The case history can also be downloaded from the website: litigantinperson.info
