Court of Protection Property and Affairs Update: Irwin Mitchell Trust Corporation v (1) PW (2) the Public Guardian [2024] EWCOP 16

21st March 2024

Matthew Wyard

3PB Barristers’ (3 Paper Buildings) specialist Court of Protection barrister Matthew WyardMatthew WyardCall: 2014 (pictured here) explores the recent Court of Protection property and affairs case of Irwin Mitchell Trust Corporation v (1) PW (2) the Public Guardian [2024] EWCOP 16.

The case revolved around whether the appointment by a professional deputy of a linked asset management firm was a breach of the rule against conflict of interest. Spoiler: the court found that it did amount to a conflict of interest.

In his article, Matthew looks at the facts of the case and explores how this Judgment will affect future situations in which a professional deputy appoints an investment management firm. Matthew also discusses how it will prevent professional deputies from undertaking so-called “beauty parades” in the consideration of connected firms.

Click here to read Matthew’s full article.

Matthew Wyard is a Court of Protection specialist with a busy property and affairs practice advising public bodies, individuals, professional deputies and trustees. He has experience in matters involving elder abuse, contested deputyships, cancelling/revoking LPAs, inheritance tax, capital gains tax, trusts, gifting and statutory wills.

To contact or instruct Matthew on Court of Protection matters, please contact Senior Practice Manager Tom Cox via email or telephone 0117 928 1520.