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Conflicts of interest in the Court of Protection: Irwin Mitchell Trust Corporation v PW [2024] EWCOP 16

20th Mar 2024

The much-anticipated judgment in Irwin Mitchell Trust Corporation v PW [2024] EWCOP 16 was handed down on 19 March 2024. This is now the leading decision on whether professional deputies can invest assets through connected investment managers. HHJ Hilder held that a corporate deputy’s appointment of an investment manager within the same group structure gave rise to an actual conflict of interest which could not be managed by involving family members in the appointment process and holding a beauty parade.

The parties have been invited to agree further directions on the issue of ratification by the court of the asset manager’s appointment.

The decision is likely to have significant implications for professional deputies in respect of past investment decisions and future practices.

Richard Dew successfully represented for the Official Solicitor (acting as PW’s litigation friend).

The full judgment is available here.

Richard Dew Richard Dew Call 1999
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