Bagguley v E [2019] EWCOP 49

Spring 2020 #178

The claimant was the Property and Affairs Deputy for the defendant (E). The claimant applied for authority for buccal cell samples to be taken from E for the purposes of DNA testing to establish whether E was the father of three adults (D, P, and A).

E was expected to die within the year though his health was not currently critical ([28]). The procedure for collecting the sample was probably no more intrusive than assisting E to clean his teeth.

Earlier DNA tests were undertaken on E’s instructions in 1991. They indicated a 99.9% probability of paternity, provided no close ...