Cases

Testamentary capacity – common law and statutory tests – whether Banks v Goodfellow and Mental Capacity Act 2005 tests could be reconciled  A man had had three children and eight grandchildren and had had two partners who had died before him.  He ma... Read more  

HHJ Tindal in Baker & Anor v Hewston [2023] EWHC 1145 (Ch) has ambitiously sought to undertake a Hegelian synthesis between the contrasting positions taken by Chancery and Court of Protection lawyers to the approach to take to testamentary capaci... Read more  

Hayden J has returned to the vexed question of s.49 reports.  As Hayden J noted:  8. In December 2022, I met with the NHS Mental Health Directors. Concern had been expressed about the burden experienced by the medical profession in reports requested... Read more  

Summary This case concerned ineligibility for detention under the Mental Capacity Act under Schedule 1A MCA, and, in particular, the extent to which the court is bound to accept conclusions of the professionals involved.  The case related to a 17-ye... Read more  

Jurisdiction – injunction – whether jurisdiction to make injunctions to prevent third parties from disposing of assets in which others allege a protected person has an interest In the context of a dispute about the proceeds of sale of a house which ... Read more  

Senior Judge Hilder has further refined our understanding of the scope of the Court of Protection’s power to make injunctions.  This issue has been the subject of recent appellate level consideration in Re G (Court of Protection: Injunction) [2022] E... Read more  

Potter Rees Dolan Trust Corporation Ltd v Wl & Anor [2023] EWCOP 19 concerned the management of funds awarded in a damages claim in England to a person now habitually resident in Poland.  The case had a tangled procedural history, caused in large... Read more  

In Northern Gas Networks Ltd v. Revenue and Customs Commissioners [2022] EWCA Civ 910, the Court of Appeal considered the application of the provisions of Schedule 22 of the Finance Act 2001 to compulsory replacement of iron gas pipes which had corro... Read more  

In Case C-238/21 Porr Bau GmbH, the CJEU considered the application of the tests of a by-product and end-of-waste under the Waste Framework Directive to uncontaminated excavated soil provided by a construction company to farmers in Austria for soil i... Read more  

For a case considering the interpretation of a local plan policy on reuse of previously developed land and contamination, see R (Tesco Stores Limited) v. Allerdale Borough Council [2022] EWHC 2827.  It was held that the policy applied to reuse of pre... Read more  

In Brian Leighton (Garages) Limited v. Allianz Insurance plc [2023] EWCA Civ 8, the Court of Appeal considered policy wording in relation to contamination of a garage forecourt area caused by the puncturing  of a pipeline.  The judgements include det... Read more  

For a case concerning assessment of damages for breach of environmental warranties, see MDW Holdings Ltd v. Norvill [2022] EWCA Civ 883, considering the effect of a loss of goodwill value in a case where it was found that the company had not been com... Read more