Will Testator. The Court of Appeal, Civil Division, dismissed an appeal against a judge's finding that the deceased's will had been invalid for want of knowledge and approval, in circumstances where the defendant daughter had been found to have been the driving force behind the will which did not make provision for the deceased's son.
Mental health Persons who lack capacity. The Court of Protection held that a patient, L, was being deprived of her liberty. The court gave guidance as to the information which was relevant in the circumstances of the instant case when assessing whether L had capacity to consent to her accommodation.
Sterilisation Mentally handicapped person. The Court of Protection made a best interests determination in relation to issues of contraception for, and sterilisation of, K, a 21 year old women who was born with Down's Syndrome.
R (on the application of Members of the Committee of Care North East Northumberland) v Northumberland County Council
Local authority Residential care home. The Administrative Court held that the defendant local authority's decision to fix care home rates in the Northumberland area for the period of three years had not been unlawful.
Family proceedings Orders in family proceedings. The Court of Appeal, Civil Division, held that a judge had erred in making an interim care order in regard to children that had been taken out of the jurisdiction and then ordering their return. It was essential that any order for the return of children had the effect of returning them to the status quo, which, in the instant case, had been to the care of the mother.
Solicitor Duty. The Court of Appeal, Civil Division, held that a judge, in deciding certain preliminary issues in a bank's claim against the defendant firm of solicitors for breach of trust in connection with a re-mortgage transaction, had been entitled to find that the solicitors had acted in breach of trust in failing to use the claimant's advance to fully discharge the prior charge on the property, but had erred in finding that the breach was limited to the amount of the shortfall which would have been necessary to fully discharge the prior charge.
Contract Construction. The Court of Appeal, Civil Division, in allowing the claimant's appeal held that, on the proper construction of an agreement between the parties, liability for the claimant's loss of profits had not been excluded.
Mental health Persons who lack capacity. The Court of Protection refused to direct that contact be immediately restored to the patient's husband or family, in circumstances where she had broken off all contact with them shortly before suffering the cerebral aneurysm which had resulted in her loss of capacity.
Equity Fiduciary duty. In considering the law in respect of breach of a fiduciary's duties in respect of constructive trusts as most recently considered in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd (in admin) the Court of Appeal, Civil Division, held that the facts of the instant case fell within the second exception as laid down in Sinclair v Versailles and, accordingly, the defendant company had held money on a constructive trust for the claimant companies which were, therefore, entitled to a proprietary remedy in respect of a secret commission paid to the defendant.
Will Construction of will. The deceased had three natural children, including the claimant. The claimant, who had been adopted by the deceased's brother, brought the instant proceedings seeking the court's interpretation of the deceased's will. The Chancery Division held that, on the true construction of the will, B was to be considered as one of the children of the deceased and was entitled to a one-third share of the residuary estate.