UK · EWCOPCourt order
Court of Protection makes Irwin Mitchell trust company repay 60% of client's claim to keep deputyship
The Court of Protection ruled on October 20, 2026, that Irwin Mitchell Trust Corporation can keep acting as property and affairs deputy for a protected person, PW, only if it repays into her estate a sum equal to 60% of her potential compensation claim. A 2024 judgment found the trust company breached the self-dealing rule by appointing Irwin Mitchell's own asset management arm to invest her money.
Order (Solicitors Journal) → · Legal Futures
Key points
- Judge Hilder, the court's senior judge, gave the ruling in Irwin Mitchell Trust Corporation v PW [2026] EWCOP 53.Solicitors JournalLegal Futures
- The trust company must say within 21 days whether it accepts the condition and pay within 28 days of formal hand-down.Solicitors Journal
- If it declines, it must apply to be discharged as deputy and is likely to face a claim.Legal Futures
- The Official Solicitor put the fees and charges at about £37,647; the firm said its profit was £9,000 to £9,500.Solicitors JournalLegal Futures
- The 60% is calculated on the Official Solicitor's receipts-based method, about £22,600 by Legal Futures' estimate.Solicitors JournalLegal Futures
- Another 260 clients are in similar positions; Irwin Mitchell has sold the asset manager, and the conflict ends in May 2027.Legal Futures
Sources2 articles across 2 outlets
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Court orderUKEWCOPTrusts estatesProfessional responsibilityFinancial servicesFor practitionersFor governance