Watt v ABC [2016] EWHC 2532 (COP)

WTLR Issue: Summer 2017 #168

LOUISE URSULA WATT

V

ABC (By his litigation friend DEF)

Analysis

ABC was awarded £1.5m in settlement of personal injury proceedings in the QBD. ABC executed a revocable personal injury settlement in January 2015 to receive interim payments of damages and to preserve his entitlement to state funded care. In June 2015 the applicant was appointed by the Court of Protection to be ABC’s deputy, on the basis that he lacked capacity to manage his property and affairs. There were difficulties and issues relating to the extent of ABC’s capacity which had arisen in the context of the QBD proceedings, but had not been resolved. The deputy made an application for directions as to whether the award should be paid to and administered by her as property and affairs deputy, or should be held on bare trust.

Counsel details

Barbara Rich (5 Stone Buildings, Lincoln’s Inn, London, WC2A 3XT, tel 020 7242 6201, e-mail clerks@5sblaw.com) instructed by George Ide LLP (Lion House, 79 St Pancras, Chichester, West Sussex, PO19 7GE, tel 01243 786 668, e-mail info@georgeide.co.uk) for the claimant.

Ruth Hughes (5 Stone Buildings, Lincoln’s Inn, London, WC2A 3XT, tel 020 7242 6201, e-mail clerks@5sblaw.com) instructed by Foot Anstey LLP (36-38 Cornhill, London EC3V 3NG, tel 020 7263 0001, e-mail contact@footanstey.com) for the defendant.

David Rees (5 Stone Buildings, Lincoln’s Inn, London, WC2A 3XT, tel 020 7242 6201, e-mail clerks@5sblaw.com) instructed by the Official Solicitor (Victory House, 30-34 Kingsway, London, WC2B 6EX, tel 020 3681 2750, e-mail enquiries@offsol.gsi.gov.uk) for the interested party.

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Court of Protection Rules: 2007
  • Mental Capacity Act 2005 ss.1, 4, 16, 20