Legal Costs for Revoking Guardianship Orders
⚖️ Legal holding
A person seeking to revoke guardianship and financial management orders can recover half of their legal costs from the estate if the application is unsuccessful.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The challenge to the guardianship order led to a change in both the guardian and their powers.
- The power to decide accommodation was removed, which was important to the protected person.
- The court has the power under the Protected Estates Act to direct the manager to pay costs.
- A person whose estate is under management can apply for revocation of the orders.
- The court accepted that the solicitor believed there was a proper basis for applying for revocation.
❌ Tends to be rejected
- The solicitor for the protected person failed to provide relevant information to the doctors whose reports they relied upon.
- The solicitor for the protected person failed to provide copies of key medical reports to the manager's solicitors.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether the manager of the estate should pay the legal costs of a person who unsuccessfully sought to revoke guardianship and financial management orders.
How did the court decide, and why?
The court decided to award 50% of the costs because the application was complex and the manager adopted an unnecessarily unhelpful attitude.
Which laws or rules were applied?
The Protected Estates Act 1983, s33(2) and the Guardianship Act 1987, s25E, s58, s69(1) were applied.
Was the decision for or against the person who brought the case?
The decision was partly for the person who brought the case, as the manager was ordered to pay 50% of the assessed costs.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to recover a portion of their legal costs if their application to revoke guardianship and financial management orders is unsuccessful.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.