Q&As

Where a deputy is authorised by the Court of Protection (CoP) to litigate in the civil court to recover damages against a third party on behalf of an individual who lacks capacity, are the deputy's costs in the CoP proceedings recoverable from the contractor at the conclusion of the litigation in the civil court?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on LexisPSL on 12/03/2019

The following Private Client Q&A produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • Where a deputy is authorised by the Court of Protection (CoP) to litigate in the civil court to recover damages against a third party on behalf of an individual who lacks capacity, are the deputy's costs in the CoP proceedings recoverable from the contractor at the conclusion of the litigation in the civil court?

Where a deputy is authorised by the Court of Protection (CoP) to litigate in the civil court to recover damages against a third party on behalf of an individual who lacks capacity, are the deputy's costs in the CoP proceedings recoverable from the contractor at the conclusion of the litigation in the civil court?

The incapacitated person's family would not have a cause of action against the contractor—the deputy must bring the claim on behalf of the incapacitated person as it is presumably the deputy, on behalf of the incapacitated person under the terms of the order appointing them as deputy, who has contracted with the contractor for the provision of works at the home of the incapacitated person.

The order appointing the deputy will provide for the deputy's costs for acting as deputy to be paid from the incapacitated person's estate, subject to assessment by the Senior Court Costs Office

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