Bass v Warner & Anor
2014
CHANCERY DIVISION
United Kingdom
CORAM
- HIS HONOUR JUDGE PURLE, QC
Areas of Law
- Trust Law
- Family Law
- Property and Real Estate Law
2014
CHANCERY DIVISION
United Kingdom
CORAM
AI Generated Summary
Marion Ann Bass, suffering from dementia and alcohol abuse, challenged financial transactions made by her family members during her incapacitation. The court ruled that Marion lacked capacity to make the transactions in March 2006, rendering them invalid. Keithley and Rachel Warner were held liable for mismanaged funds, with Keithley extensively handling Marion's financial affairs and Rachel implicated in withdrawing funds purportedly for Marion's care. The judgment mandated recovery of mismanaged funds, credits for care expenses, and an inquiry for occupational rent related to Thomas's occupation of Marion's former property.
J U D G M E N T
JUDGE PURLE: This claim is brought by Marion Ann Bass, whom I shall call “Marion”, against members of her family: Mrs. Rachel Warner, whom I shall call “Rachel”; Mr. Keithley Warner, whom I shall call “Keithley” and Mr. Thomas Warner, whom I shall call “Thomas”. I am referring to people by their first names because that is how they were referred to during the trial. With many people sharing surnames, that was the convenient course, and no-one objected. Rachel is Marion’s sister, Keithley is Rachel’s son, and Thomas is Keithley’s son.
The case is brought by a Litigation Friend for Marion, namely Mrs. Susan Fulford, who has been duly appointed by the Court of Protection upon evidence indicating that, from (at the latest) September 2009, Marion has lacked capacity sufficient to enable her to bring these proceedings herself. She is over 80 and has for many years suffered from, according to the doctors, dementia, and the results of considerable alcohol abuse.
The evidence I heard went back to how she conducted herself before and after the death of her husband, Vernon, following a tragic accident resulting in his death on the 13 th May 2005. The principal evidence I heard of early behaviour around that time was from the Defendants themselves, who insist that the real problem Marion faced was alcohol abuse and not mental incapacity. I also heard evidence from Mrs. Fulford, who was originally instructed in April 2006 to pursue a claim in respect of Vernon’s death. Her client then was Mrs. Sadler, as Executrix of Vernon’s last will, and I heard from her also.
Mrs. Fulford’s point of contact for the purposes of the personal injury claim was principally Mrs. Sadler, but she did also meet Marion, on one occasion with Rachel and Keithley, in January 2008. Marion was frail and drawn at that time, and spoke only when spoken to. She was told that Rachel had found Marion on the floor shortly after Vernon’s death, and that Marion had been admitted to hospital with a diagnosis of self-neglect. She also had other contact with Keithley, who produced a power of attorney apparently executed by Marion. Mrs. Fulford originally said this was in January 2008, but on checking her file corrected the date to May 2008. Mrs. Fulford also met with Marion on a number of occasions after she was placed in Oaklands Nursing Home in May 2008, who said that Keithley was not to have any of her money. In May 2009, Marion told Mrs. Fulford that she was unaware of any Power of At