Irwin Mitchell Trust Corporation v PW & Anor – Neutral Citation Number [2024] EWCOP 16
An interesting case that affects many of our families is being looked at again with an imminent follow-up judgement. As families, we are often not aware of the facts. Good Deputies work with us as the equal partners we are and ensure we have all the facts to make a decision. Others use the ‘best interests’ gold ticket and make a point of telling us as parents that once the child is 18, we have no legal right to know what has happened to their funds and are always just ‘interested third parties’.
What about those solicitors who act as clinical negligence solicitors and then appoint themselves as a Court of Protection Deputy. In the ten years I have been supporting families, these have consistently been the ones with most issues. Unsure how courts have thought this was appropriate when appointing them as Deputy, or do they not have to declare they are also acting as litigation solicitor and running the claim? Surely the above is a conflict of interest and only benefits the solicitor double dipping on fees: fees for the legal negligence case and then the lifelong fees for deputyship. I will be following with great interest.
Credit as always to the original author. https://www.lawgazette.co.uk/commentary-and-opinion/concerns-costs-and-conflicts-in-the-court-of-protection/5126910.article