Area of Law—Court of Protection Property and Affairs(PSG Trust Corporation Ltd v CK)

Article summary

Private Client analysis: PSG Trust Corporation Ltd v CK addresses a common scenario encountered by a property and affairs deputy appointed for P, who has received a substantial personal injury settlement or award. Invariably, the Deputy will be concerned by the risks of P knowing about the value of the settlement. Often, these include the risks of P revealing the value to third parties and financial and emotional exploitation. On the other hand, the Deputy will be keen to ensure P’s right to autonomy is maintained. In the two linked cases of Re CK and Re NJ, Mr Justice Hayden tackles this important question: How should a property and affairs deputy approach the issue of whether to inform P of the value of their civil settlement or civil court award? In this case, in which I acted successfully for PSG Trust Corporation Ltd (‘PSG’), Hayden J provides invaluable guidance on the correct approach. Written by Fay Collinson, barrister...