Source: All England Reporter
Publisher Citation: [2011] All ER (D) 71 (Oct)
Neutral Citation: [2011] EWHC 2529 (Ch)
Court: Chancery Division

Henderson J

Representation Robert Sheridan (instructed by Hammons Solicitors) for the claimant.
  Andrew Skelly (instructed by Drew Jones Solicitors) for the defendant.
Judgment Dates: 7 October 2011


Joint tenancy - Notice of severance - Form of notice - Joint tenant (P) losing capacity to manage own affairs - P's daughter, applying to Court of Protection to become P's deputy - Defendant, other joint tenant, making own application to Court of Protection - Whether, inter alia, defendant's application to Court of Protection effectual to sever joint tenancy - .

The Case

Joint tenancy Notice of severance. The Chancery Division of the High Court, in allowing the claimant's appeal pursuant to of the Law of Property Act 1925, found that a valid notice of severance had been served on the claimant by the defendant joint tenant, where that notice had been constituted by the making of an application to the Court of Protection by the defendant.

If you are a LexisLibrary subscriber you can read more about this case here.