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Family Law

The leading authority on all aspects of family law

02 NOV 2012

COSTS: Re Clark (No 3) [2012] EWHC 2947 (COP)

(Court of Protection, Peter Jackson J, 24 October 2012)

Following proceedings concerning the management of the 72-year-old woman's property and day-to-day affairs, two of her children and the deputy sought to recover costs from her estate.

In this case there was no basis for a departure from the general rules set out in Rules 156 and 159 of the Court of Protection Rules 2007. The manner in which the eldest son had conducted proceedings wiped out any weight that might be attached to the fact that his position as to the sale of his mother's home had been successful.

The son had used his mother's case as a vehicle for his political views, he had been aggressive and disrespectful towards anyone with whom he disagreed, and had a complete lack of regard for his mother and family's right to privacy.

In contrast, the conduct of the proceedings by the family members and the deputy had been entirely reasonable in trying circumstances. Their costs would be charged to the woman's estate and become payable upon her death.

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