Re DP, The Public Guardian v JM Case no: 12351387
July/August 2014 #141DP was born in 1925, was an only child, and had worked for thirty nine years for the BBC World Service at Bush House, the Aldwych, London, WC2. She was the donor of a lasting power of attorney (LPA) in favour of JM which had been registered on 20 February 2012. JM had known DP since 2006 and was formerly her gardener. The public guardian applied for an order under s22(4)b Mental Capacity Act
2005 revoking the LPA.
Held
The only evidence in respect of DP’s capacity came from a visitor, who opined in her report dated 28 March 2013 that DP did not have ...
JS v KB & anr [2014] EWHC 482 (COP)
July/August 2014 #141The application was made by JS for appointment by the Court of Protection under s19(1) of the MCA 2005 as DB’s deputy in relation to her property and financial affairs. JS was DB’s daughter. KB was DB’s son. MP was a local solicitor appointed to the court as deputy for DB on 13 February 2013. That application was resolved finally, save for the question of costs, by HHJ Hodge QC on 6 September 2013. By order made on that date (which was consensual), it is recorded inter alia that JS agreed not to pursue her application to be appointed as DB’s property and affair...
Keene & anr v Wellcom London Ltd & ors [2014] EWHC 134 (Ch)
July/August 2014 #141The Graphic Reproduction Federation (the federation) was formed in about 1916 as an unincorporated association to further the interests of employers engaged in the graphic reproduction trade. It was governed by a set of rules, the most recent of which was dated 1985 (the rules). After 1985 there were no annual general meetings and the management committee has not met since 29 November 1987. No administrative records were kept after that and since 1986 no subscriptions were called for or paid. However, the assets, currently valued at £590,683.98, were held by the claimant trustees and wer...
Lewis v Lewis [2014] EWCA Civ 412
July/August 2014 #141This was an application for permission to appeal from a decision of HHJ Seys Llewellyn QC in a case concerning wills. Peter Lewis contested the will of his father, Kenneth Lewis on the basis of undue influence and/or fraud. David Lewis, the beneficiary under the will, issued proceedings to determine the issue. The judge below found for David.
The application concerned Peter’s litigation capacity. Peter suffered from Asperger’s syndrome. In the earlier stages of the litigation Peter was in receipt of legal aid and represented by solicitors. At their request and on the basis of an e...
Rosenzweig v NMC Recordings Ltd [2013] EWHC 3792 (Ch)
July/August 2014 #141This was an application by the claimant composer for permission to bring a claim against the defendant charity (NMC), alleging a breach of trust and breach of a duty of care and claiming damages of £2.4m, an order that NMC publish his works, and a public apology from NMC. These were ‘charity proceedings’ within the meaning of the Charities Act 2011, s155(8) in that they were under the court’s jurisdiction, with respect to charities or the court’s jurisdiction, with respect to trusts in relation to the administration of a trust for charitable purposes. Accordingly,...
Sheffield v Sheffield & ors [2013] EWHC 3927 (Ch)
July/August 2014 #141John Vincent Sheffield (JVS) and his wife Ann Sheffield bought 1,000 acres of land in Hampshire in 1968 as tenants in common, with JVS owning 25% and Ann 75% (the 1968 settlement). The land included two farms, numerous residential properties and some shooting rights over adjoining land. Ann died in 1969 and left JVS a life interest in her estate and thereafter to their son Julian. In 1971 JVS married France (who predeceased him) and he lived on the estate until his death in May 2008.
In May 1976 JVS agreed a farming partnership of the farming land on the estate. JVS was entitled ...
Simon v Byford & ors [2014] EWCA Civ 280
July/August 2014 #141The appeal dealt with the issue of whether the late Constance Simon (1) had testamentary capacity and (2) knew and approved her will she executed at or immediately after her 88th birthday party on 18 December 2005. The judge below answered the questions in the affirmative, on of Mrs Simon’s sons, Robert Simon appealed.
Mrs Simon had originally had four children, who each owned 24.99% of the shareholding in a family company. Mrs Simon owned the other 0.04% of the shares. Robert was the managing director. Her sons Hilary and Johnathan did not play a part in the business. Davi...
A County Council v MS & anr 11413486
July/August 2014 #141This was an application by a local authority property and affairs deputy seeking a direction whether to authorise a gift MS wished to make. MS was a member of the Church of Latter Day Saints (the church) and wished to donate £6,832 to the church as a tithe. This sum represented 10% of a recent inheritance. RS was MS’s mother and strongly opposed to the donation. MS made his own application seeking declarations that he had capacity to litigate, capacity to make a tithe, capacity to manage his own property and affairs and capacity to execute a LPA for property and affairs.
MS...
Catling & ors v Catling & anr [2014] EWHC 180 (Ch)
July/August 2014 #141This was the trial of a probate action relating to the estate of the late Mrs Joyce Beech Catling (Mrs Catling). She was married to Arthur Joseph Catling (Mr Catling) and they had eight children. The first defendant was the youngest child. The claimants, the seven older children, seek probate in solemn form of her will dated 23 August 2004 (the 2004 will) and codicil dated 2 November 2005 (the 2005 codicil) and say that the court should pronounce against a later will dated 11 May 2007 (the 2007 will), on the ground that Mrs Catling no longer had testamentary capacity and/or did not know ...