Mental Capacity Act 2005 – Page 2

OH v Craven  [2018] WTLR 275

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JUDGMENT MR NORRIS J: [1] The claimants in their respective personal injury proceedings applied for an order that the sums paid into the Court Funds Office following settlement of their claims should be paid out to the trustees of private ‘personal injury trusts’ established or to be established for their benefit. By arrangement with the …

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The Public Guardian v Matrix Deputies Ltd & anr [2018] WTLR 1387

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JUDGMENT HHJ HILDER: Introduction [1] These proceedings concern some 44 individuals whose property and affairs either are already managed by a court-appointed deputy or are the subject of an application for such appointment. A further eight individuals were previously also the subject of these proceedings but they have died during the course of the litigation, …

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Poole & anr v Everall & anr [2016] EWHC 2126 (Ch)

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JUDGMENT HHJ DAVID COOKE: Introduction [1] This case concerns a will executed by David John George Poole (whom I will refer to as David, as he has been throughout the case) on 26 December 2012 (the December will). David died on 19 March 2013, aged 46. The will was prepared by the first defendant Mr …

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Haastrup v Okorie [2016] EWHC 12 (Ch)

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MASTER MATTHEWS: Introduction [1] In this claim there are presently four outstanding applications by notice. Of these, two are brought by the claimant against the first defendant, and two by the first defendant against the claimant. In order of issue they are as follows: (1) An application notice dated 18 June 2015, issued by the …

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Re WP [2015] EWCOP 84

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SENIOR JUDGE LUSH: [1] This is an application by two attorneys acting jointly under two separate Enduring Powers of Attorney for the retrospective approval of monthly payments of £150 each that they have made to themselves and to their sister from the donors’ funds. The background [2] Bill was born on 20 February 1921 and …

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Re SF [2015] EWCOP 68

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[1] This is an application by the public guardian for the court to revoke an enduring power of attorney (EPA) and to direct him to cancel its registration. JUDGMENT SENIOR JUDGE LUSH: The background [2] Sheila was born on 8 April 1928. She and her husband, Ronald, retired from Lancashire to Powys in the late …

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Re PC; Public Guardian v AC & JC [2014] EWCOP 41

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JUDGMENT SENIOR JUDGE LUSH: [1] This is an application by the Public Guardian for the court to revoke a lasting power of attorney (LPA) for property and financial affairs and to direct him to cancel its registration. The background [2] PC was born in 1936 and was formerly a primary school teacher. Her husband, who …

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Walker & anr v Badmin & ors claim no HC121304229

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JUDGMENT MR N STRAUSS QC Introduction [1] Elizabeth Jane Walker (Mrs Walker) was born on 25 March 1956. She was a landscape ecologist by profession and, by all accounts, a lively and determined person with strong views, especially on the environment. She was devoted to her daughters, the claimants in this case, and to her …

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Re Miles; The Public Guardian v Miles & ors [2014] EWCOP 40

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JUDGMENT SENIOR JUDGE LUSH: [1] This is an application by the Public Guardian for the court to determine the validity of a provision in a lasting power of attorney (LPA). [2] Section 23(1) of the Mental Capacity Act 2005 provides that ‘the court may determine any question as to the meaning or effect of a …

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Re GW; London Borough of Haringey v CM Neutral citation: [2014] EWCOP B23

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JUDGMENT SENIOR JUDGE LUSH: This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the incapacitated person and members of their family must be …

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