Bass v Warner & Anor [2014] EWHC 4768 (Ch) (03 September 2014)

Bass v Warner & Anor [2014] EWHC 4768 (Ch) (03 September 2014)

Marion Ann Bass lacked capacity at all material times in 2006; the alleged gift and loan transactions are invalid; Keithley Warner is liable to restore sums withdrawn from Marion's accounts; Rachel Warner is liable for withdrawals from Marion's Post Office account, subject to credits for care; Thomas Warner is liable for occupational rent for the period of occupation; no declaration can be made regarding mortgage liability without the mortgagee as a party.

Citation
[2014] EWHC 4768 (Ch)
Parties
Claimant: Marion Ann Bass; Litigation Friend for Claimant: Mrs. Susan Kathleen Fulford; First Defendant: Rachel Warner; Second Defendant: Keithley Warner; Third Defendant: Thomas Warner
Jurisdiction
England and Wales
Judgment Date
03 September 2014
Procedural Posture
Civil/chancery and Court of Protection / Final Judgment
Outcome
Claim succeeds in part; defendants liable to restore sums; inquiry ordered for occupational rent and mortgage contributions; costs awarded to claimant.
Legal Topics
Capacity to Contract, Undue Influence, Recovery of Assets, Declaration of Trust, Occupational Rent, Mortgage Liability, Court of Protection Deputyship
Trusts and Estates Mental Capacity Property Law Family Law Capacity to Contract Undue Influence Recovery of Assets Declaration of Trust +3 more

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Parties

Marion Ann Bass

Claimant

Mrs. Susan Kathleen Fulford

Litigation Friend for Claimant

Rachel Warner

First Defendant

Keithley Warner

Second Defendant

Thomas Warner

Third Defendant

Procedural Posture

Civil/chancery and Court of Protection / Final Judgment

Legal Issues

  1. 1 Did Marion Ann Bass have capacity to make gifts and loans in 2006?
  2. 2 Were the alleged gift and loan transactions valid?
  3. 3 Are the defendants liable to restore sums withdrawn from Marion's accounts?

Ratio Decidendi

Marion Ann Bass lacked capacity at all material times in 2006; the alleged gift and loan transactions are invalid; Keithley Warner is liable to restore sums withdrawn from Marion's accounts; Rachel Warner is liable for withdrawals from Marion's Post Office account, subject to credits for care; Thomas Warner is liable for occupational rent for the period of occupation; no declaration can be made regarding mortgage liability without the mortgagee as a party.

Court Disposition

Claim succeeds in part; defendants liable to restore sums; inquiry ordered for occupational rent and mortgage contributions; costs awarded to claimant.

Orders

  • Keithley Warner to restore £20,588.52 (Santander account), £22,500 (Halifax account), and £650.54 (Halifax shortfall), plus £15,768.23 (Lloyds account), subject to credit for Birmingham City Council judgment.
  • Rachel Warner to reimburse withdrawals from Marion's Post Office account, less £12,000 for care and £760 for personal needs, plus interest.