Incorrect Documentation Fails to Cancel Charge

Just because a document is not properly executed does not mean that all rights are necessarily lost, as arecent case in the Supreme Court illustrates. It involved a bank which had a mortgage over a family home. The family wished to pay off debts and decided to sell the house and move to a smaller property, releasing funds to clear their indebtedness. The bank agreed to ‘transfer the mortgage’, but the paperwork to do that was not executed properly. The situation became an issue when the family decided to give the new home to a daughter, who sought the removal of the bank’s charge from the register at the Land…

Patient’s Wishes Determine Care

The much publicised case in which the Court of Protection ruled that clinically assisted nutrition and hydration (CANH) could lawfully be withdrawn from a patient with multiple sclerosis who was in a ‘minimally conscious state’ has been hailed as a landmark ruling. In reaching its decision that withdrawal of CANH would be in the patient’s best interests, the Court relied heavily on evidence that she would not want the treatment were she able to speak for herself. The clear message is that if you have strong views on what would or would not be acceptable as treatment for yourself in similar circumstances, you should ensure you communicate these clearly to…

Prison for Not Revealing Whereabouts of Child

When a child is taken away from one parent by the other against a ruling of the Family Court, the consequences can be severe for anyone who withholds information as to the child’s whereabouts, as a recent case illustrates. Following the break-up of his parents’ relationship, a child lived with his Polish mother in Poland. The couple had been married in the UK and the father was British, of Pakistani descent. Following a visit to Poland to see his son, the father abducted him and was thought to have returned with him to England. The mother obtained a ‘collection order’, which is a notice that can be served on a person…