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Re A (A Patient, now deceased) (No 3) [2018] EWCOP 16

COP costs "I have before me an application [which] relates to certain costs orders against Mr Fitzgerald dated 22 and 24 March 2016 which I made in the Court of Protection, as President of the Court of Protection, in proceedings (95908524), to which Mr Fitzgerald was a party. Those proceedings related to Mr Fitzgerald's now deceased aunt A, a patient whose affairs were under the control of the Court of Protection until her death on 5 March 2018. Central to Mr Fitzgerald's application are the circumstances in which, in the course of those proceedings, SJ Lush, by an order dated 28 May 2013, had appointed her niece, C, to be A's deputy for property and affairs."


Full judgment: BAILII


  • COP costs cases🔍

Date: 13/7/18🔍

Court: Court of Protection🔍



Judicial history:

Earlier judgments (not yet on Mental Health Law Online):

  • [3] So far as relevant for present purposes, I need to refer to three judgments I gave in 2016. Two are judgments in the Court of Protection, the first on 10 August 2016 and the second on 18 August 2016, which explain why I made the orders dated 22 and 24 March 2016 and which are essential reading if the application now before me is to be properly understood: In the matter of A (A Patient); In the matter of applications by and against Desmond Maurice Fitzgerald [2016] EWCOP 38B (sub nom In re A (A Patient) (Court of Protection: Costs Order) [2016] 4 WLR 141B) and In the matter of A (A Patient); In the matter of applications by and against Desmond Maurice Fitzgerald (No 2) [2016] EWCOP 39B. The other is a judgment, also essential reading, I gave on 21 November 2016: Akester v Fitzgerald [2016] EWHC 2961 (Fam)B.

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Published: 19/7/18 15:37

Cached: 2021-08-01 16:18:46