Sheffield v Sheffield & ors [2019] WTLR 295
Spring 2019 #174Following judgment upholding claims for various breaches of trust (Sheffield v Sheffield & ors [2014] WTLR 1039, [2013] EWHC 3927 (Ch)), the judge ordered accounts, on the footing of wilful default, and inquiries consequent upon the judgment. The accounting parties were the executors of (and standing in the shoes of) a defaulting trustee (“A”) and the individual who benefited from the breaches of trust (“B”). Agreement was reached in respect of certain accounts and the claimant (“C”) pursued other accounts and inquiries, in respect of various issues. The judge also ordered t...
The Public Guardian v DA & ors [2019] WTLR 313
Spring 2019 #174The Public Guardian filed a number of applications under s23 and schedule 1, para 11 of the Mental Capacity Act 2005 (the 2005 Act) in two test cases seeking the court’s guidance as to whether or not it was appropriate to register, with or without amendments, instruments purporting to create a lasting power of attorney (LPA).
In the first series of cases the applications concerned provisions in LPAs for personal welfare which contemplated euthanasia or assisted suicide by the attorneys. In some cases, the provisions were expressed in mandatory terms which appeare...