Rogers v Dempster and Anor

Rogers v Dempster and Anor involves a dispute between the applicant, Mr Rogers, and two respondents: his former solicitor, Mr Dempster, and his wife, Mrs Rogers. Mr Rogers sought a copy of his file from Mr Dempster, who had handled a property transfer from Mr Rogers to his son. Mrs Rogers, who holds an enduring power of attorney for Mr Rogers, instructed Mr Dempster that Mr Rogers lacked the capacity to request the file and that she was authorised to give instructions on his behalf. This led to Mr Rogers' solicitors applying for the release of Mr Dempster's file, which was eventually provided following a change in instructions to Mr Dempster. The central issue before the court was whether Mr Dempster should bear the costs of the application initiated by Mr Rogers' solicitors.

The court had to determine whether Mr Dempster should be held responsible for the costs of the application made by Mr Rogers' solicitors. The court examined the circumstances surrounding the application, including Mr Dempster's reliance on Mrs Rogers' instructions and his consultation with a professional ethics committee. It also considered the change in instructions to Mr Dempster that led to the eventual release of the file. Ultimately, the court ruled that Mr Dempster should bear the costs of the application from 1 December 2012 onwards, to be assessed on the standard basis, while reserving the costs of the application otherwise.

The court ordered that Mr Rogers should pay Mr Dempster's costs of and incidental to the application incurred from 1 December 2012, to be assessed on the standard basis. The court reserved the costs of the application otherwise. This decision highlights the court's consideration of the complexities involved in handling legal files and the capacity of clients, particularly in cases involving enduring powers of attorney.