Mental Health Act 1983

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JUDGMENT MORGAN J: Introduction [1] This judgment deals with one point which arose in the course of an application for the court’s approval to a variation of a trust pursuant to the Variation of Trusts Act 1958 (“the 1958 Act”). The particular point arose in relation to s1(3) of the 1958 Act which provides, in …

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Re D [2016] EWCOP 35

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SENIOR JUDGE LUSH: [1] This is an appeal against an order made on 7 January 2016 by District Judge Michael Payne, who allowed an applicant for an order authorising her to execute a statutory will to be released from the obligation to serve the papers on someone who is currently entitled to a half share …

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Chadwick v Collinson & ors [2014] EWHC 3055 (Ch)

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JUDGMENT HHJ PELLING QC: Introduction [1] The claimant and Lisa Jane Clay deceased (the deceased) lived together from about 2003. The relationship between the claimant and the deceased was an apparently stable and loving one. They had one child, a son called Joseph Michael (Joseph) who was aged six in April 2013. By then the …

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Re AB [2013] EWHC B39 (COP)

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JUDGMEMT DISTRICT JUDGE E BATTEN: This judgment was delivered in private, but the judge has given leave for it 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 …

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A County Council v MS & anr 11413486

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JUDGMENT DISTRICT JUDGE ELDERGILL 1) Format and headings [1] This judgment is structured under the following headings: 1) Format and headings… Page 933 2) Introduction… Page 933 3) Procedure… Page 934 4) Background facts… Page 934 5) Positions of the parties… Page 935 6) Law on mental capacity and gifts… Page 941 7) The special …

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Re DP, The Public Guardian v JM Case no: 12351387

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JUDGMENT SENIOR JUDGE LUSH [1] The practice guidance on transparency in the Court of Protection, issued by the President on 16 January 2014, requires judges to give permission for judgments to be published in ‘any case where the issues include whether a person should be restrained from acting as an attorney or a deputy or …

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Futter & anr v HMRC; Pitt & anr v HMRC [2013] WTLR 977

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JUDGMENT LORD WALKER: Introduction [1] These appeals raise important and difficult issues in the field of equity and trust law. Both appeals raise issues about the so-called rule in Re Hastings-Bass deceased [1975] Ch 25. One appeal (Pitt) also raises issues as to the court’s jurisdiction to set aside a voluntary disposition on the ground …

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

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JUDGMENT MRS JUSTICE PARKER: Introduction [1] In October 2010 I heard substantive proceedings about DD in the Court of Protection. [2] DD has a very significant degree of learning disability, little language, very little comprehension of anything other than simple matters, and needs assistance with almost all aspects of her daily life. Her parents are …

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SM v HM 11875043/01

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JUDGMENT HER HONOUR JUDGE HAZEL MARSHALL QC: Introduction [1] This is a reconsideration under r89 of the Court of Protection Rules 2007 of an order of District Judge Ashton made on 10 September 2010, which raises an apparently controversial point about the administration of the affairs of persons who lack capacity under the Mental Capacity …

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ET v JP & ors [2018] WTLR 109

Re D [2016] EWCOP 35

Chadwick v Collinson & ors [2014] EWHC 3055 (Ch)

Re AB [2013] EWHC B39 (COP)

A County Council v MS & anr 11413486

Re DP, The Public Guardian v JM Case no: 12351387

Futter & anr v HMRC; Pitt & anr v HMRC [2013] WTLR 977

SM v HM 11875043/01