Re Various Incapacitated Persons
 Neutral citation: [2018] EWCOP 3

WTLR Issue: Winter 2018 #170

In the matter of: IN THE MATTER OF VARIOUS INCAPACITATED PERSONS

RE VARIOUS INCAPACITATED PERSONS

V

THE APPOINTMENT OF TRUST CORPORATIONS AS DEPUTIES)

Analysis

The court was asked to consider the applications, made on behalf of 36 incapacitated persons, to appoint a trust corporation as their property and affairs deputy. There was currently no agreed system through which the court could know that any particular trust corporation was suitable to be appointed as deputy, nor a ‘panel’ of approved trust corporations.


Counsel details

Counsel
David Rees QC (5 Stone Buildings, Lincoln’s Inn, London WC2A 3XT, tel 020 7242 6201, e-mail clerks@5sblaw.com) and Alexander Drapkin ( Stone Buildings, Lincoln’s Inn, London WC2A 3XT, tel 020 7242 6201, e-mail clerks@5sblaw.com) instructed by and for the Trust Corporations.

Claire van Overdijk (Outer Temple Chambers, The Outer Temple, 222 Strand, London WC2R 1BA, tel 020 7353 6381, e-mail clerks@outertemple.com) instructed by and for the Public Guardian.

Cases referenced

Cases in bold have further reading - click to view.

  • Baker v H [2009] WTLR 1719
  • Cases referred to
AIG Europe Ltd v OC320301 LLP & Others [2016] EWCA Civ 367
  • Lloyds TSB General Insurance Holdings Ltd v Lloyds Bank Group Insurance Co Ltd [2003] 
UKHL 48


Legislation referenced

Legislation in bold has further reading - click to view.

  • 
Statutes referred to
Companies Act 1985
  • Companies Act 2006, s1297(5)
  • Companies Consolidation (Consequential Provisions) Act 1985, s31
  • Law of Property (Amendment) Act 1926, s3
  • Legal Services Act 2007, s1
  • Mental Capacity Act 2005, ss16, 19(1), 49, 64(1)
  • Public Trustee Act 1906, s4(3)
  • Solicitors Act 1974, s32
  • Trustee Act 1925, s68(1)(18)