Mental Capacity Act 2005

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JUDGMENT FALK J: Introduction [1] This is my decision following a further hearing in this appeal, my initial decision in which was handed down on 4 May 2021 and can be found at [2021] EWHC 1102 (Ch) (the ‘First Judgment’). As explained in the First Judgment at 142-143 and 153, grounds 2 and 3 of …

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Skillett v Skillett [2022] WTLR 679

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JUDGMENT PHILIP MOTT QC: Introduction [1] The Claimant brings these proceedings to ask the court to propound in solemn form the will executed by his late father, Charles Skillett (the Testator), on 19 May 2011. The Defendant, his brother, objects on the grounds that their father lacked testamentary capacity and/or did not know and approve …

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Hughes v Pritchard & ors [2021] WTLR 893

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JUDGMENT HHJ JARMAN QC: Introduction [1] In these proceedings the family of the late Evan Hughes who died in March 2017 aged 84, are in dispute as to the validity of his third and final will which he executed on 7 July 2016. I shall refer to each of the three wills by the year …

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Re Clitheroe [2021] WTLR 449

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JUDGMENT FALK J: Introduction [1] This is an appeal against a decision of Deputy Master Linwood on 21 May 2020 in a bitter probate dispute (the ‘Decision’). By the Decision the Deputy Master refused to admit to probate two wills executed by the deceased, Mrs Jean Mary Clitheroe, on 21 May 2010 and 3 December …

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Graham v Lynch & ors WTLR(w) 2021-09

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JUDGMENT MASTER KAYE: [1] This is a claim to rectify four trusts (‘the Trust’) established in the British Virgin Islands (‘BVI’) as part of tax planning on the part of the Claimant (Alan) who is married to Angela. Alan has lost capacity to litigate. Angela acts as his Litigation Friend. [2] His sons and the …

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Hinduja v Hinduja & ors WTLR(w) 2021-06

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JUDGMENT MRS JUSTICE FALK: [1] This is my decision on applications heard in private pursuant to an order made by Morgan J on 12 December 2019. The applications comprise an application by the First Defendant made on 6 December 2019 seeking derogations from the open justice principle (the ‘Privacy Application’) and an application by the …

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Bagguley v E [2020] WTLR 1

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JUDGMENT HAYDEN J: [1] On 14th October 2019 I heard an application on behalf of Richard Bagguley, the Property and Affairs Deputy (The Deputy) for E, seeking authority for buccal cell samples to be taken from E for the purposes of DNA testing. The objective is to establish whether or not E is the father …

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PBC v JMA & ors [2019] WTLR 1193

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JUDGMENT HILDER SJ: The issue for determination [1] PBC is the son of JMA, and was appointed as her sole attorney for property and affairs by a Lasting Power of Attorney (LPA) executed on 5 August 2010 and registered by the Public Guardian on 16 December 2010. He seeks the authority of the court to make from JMA ‘s …

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MN v OP & ors [2019] WTLR 941

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JUDGMENT SHARP LJ: Introduction [1] This an appeal against the order of Rose J on 2 March 2017, with her permission, by which she dismissed the claimant’s application for what amounted to an anonymity order, restricting the naming of the parties and access to the court file relating to the claim, and restricting the publication …

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Anderson v Spencer [2018] WTLR 1

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KING LJ  [1] This is an appeal against an order made under the inherent jurisdiction of the  High Court on 9 May 2016 by Mr Justice Peter Jackson (as he then was). The order now challenged directed that DNA extracted from a sample provided by William Anderson (deceased) and now held by Central Manchester University Hospitals NHS Foundation Trust, should be tested against a bodily sample …

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Mental Capacity Act 2005

Clitheroe v Bond [2022] WTLR 1217

Skillett v Skillett [2022] WTLR 679

Hughes v Pritchard & ors [2021] WTLR 893

Re Clitheroe [2021] WTLR 449

Graham v Lynch & ors WTLR(w) 2021-09

Hinduja v Hinduja & ors WTLR(w) 2021-06

Bagguley v E [2020] WTLR 1

PBC v JMA & ors [2019] WTLR 1193

MN v OP & ors [2019] WTLR 941

Anderson v Spencer [2018] WTLR 1