Anderson v Spencer [2018] EWCA Civ 100

Wills & Trusts Law Reports | Spring 2018 #171

The mother and executor (V) of the deceased appealed against an order that a DNA sample from the deceased, held by a hospital, be tested against the respondent (D), to determine whether he was the son of the deceased. The deceased had suffered from an hereditary form of bowel cancer called Lynch Syndrome, and so D wanted to discover if he was at risk of this condition developing. V refused consent. D applied for a declaration of paternity under s55A Family Law Act 1986, in the context of which he sought an order for testing of the DNA sample collected by the hospital during the ...

Mental Capacity: Safeguarding adults at risk

Sharon Kenchington analyses a case that affirms the existence of a judicial ‘safety net’ to protect vulnerable adults who retain capacity so do not fall under the MCA 2005 or the Court of Protection ‘In the Re F decision, Lord Donaldson of Lymington MR affirmed the use of the common law as a ‘great safety …
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DL v A Local Authority & ors [2012] EWCA Civ 253

Wills & Trusts Law Reports | December 2012 #125

Mr and Mrs L were an elderly married couple who, at the relevant time, were living with DL, their middle aged son, in the family home. Neither were at that time incapable, by reason of any impairment of, or disturbance in the functioning of, the mind or brain, of managing their own affairs within the meaning of the Mental Capacity Act 2005 (MCA). However, the local authority, which was concerned about alleged threatening and controlling behaviour on the part of DL, sought and obtained injunctive relief to protect Mr and Mrs L. Evidence obtained by the official solicitor concluded that bo...

XCC v AA & ors [2012] EWHC 2183 (COP)

Wills & Trusts Law Reports | November 2012 #124

DD has severe learning disabilities, little language, little comprehension of anything other than very simple matters and needs assistance with almost all aspects of her daily life. Her parents are from Bangladesh, but the family has been brought up in Britain and are British citizens. DD married AA (said to be her cousin) in 2003 in Bangladesh. AA eventually gained a spousal visa in 2009 and moved in with DD and her parents, sharing DD’s bedroom and bed. DD’s marriage came to the attention of the learning disabilities team of XCC, leading to concerns about her welfare. The police obtain...