Anderson v Spencer [2018] WTLR 1
Wills & Trusts Law Reports | Spring 2018 #171The 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 ...
DL v A Local Authority & ors [2012] EWCA Civ 253
Wills & Trusts Law Reports | December 2012 #125Mr 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...