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Family Law

The leading authority on all aspects of family law

29 MAY 2012

COSTS: D v R (the Deputy of S) and S [2010] EWHC 3748 (COP), [2012] COPLR 154

(Court of Protection, Henderson J, 4 October 2010)

The man made substantial cash gifts to a woman who had been caring for him. The man's daughter brought proceedings to set aside those gifts on the grounds of undue influence. The carer applied to the court for a determination of the man's capacity to decide whether the proceedings should continue. The court found the man did not have capacity for those purposes and the daughter applied for a costs order against the carer on an indemnity basis.

The general rule under s 55(1) of the Mental Capacity Act 2005 was that in proceedings concerning P's property and affairs, P should pay the costs. There had to be good reason for departing from that rule.

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