Bass v Warner & Anor

Bass v Warner & Anor

Marion Ann Bass lacked capacity at all material times to make gifts, loans, or execute powers of attorney; the purported transactions were invalid, and the funds remained her property held on trust. Keithley Warner is liable to account for and reimburse all sums withdrawn from Marion's accounts, less credit for care costs paid to Birmingham City Council. Rachel Warner is liable to account for and reimburse sums withdrawn from Marion's Post Office account, less credit for care provided. Thomas Warner is liable to account for occupational rent for the period of his occupation of the property. Declaratory relief regarding the mortgage is refused as the mortgagee is not a party and the...

Parties
Claimant: Marion Ann Bass (by her Litigation Friend, 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) / Judgment After Trial
Outcome
Claim allowed in part; Defendants held liable to account and reimburse specified sums; declaratory relief on mortgage refused; costs awarded to Claimant.
Legal Topics
Undue Influence, Capacity to Contract, Constructive Trusts, Recovery of Assets, Powers of Attorney, Occupational Rent, Mortgage Liability, Care Costs
Equity and Trusts Mental Capacity Property Law Family Law Undue Influence Capacity to Contract Constructive Trusts Recovery of Assets +4 more

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Parties

Marion Ann Bass (by her Litigation Friend, Mrs. Susan Kathleen Fulford)

Claimant

Rachel Warner

First Defendant

Keithley Warner

Second Defendant

Thomas Warner

Third Defendant

Procedural Posture

Civil (chancery and Court of Protection) / Judgment After Trial

Legal Issues

  1. 1 Did Marion Ann Bass have capacity to make gifts, loans, or execute powers of attorney in 2006 and subsequent years?
  2. 2 Were the transfers of funds to Rachel and Keithley valid gifts or loans?
  3. 3 Are the Defendants liable to account for and reimburse sums withdrawn from Marion's accounts?

Ratio Decidendi

Marion Ann Bass lacked capacity at all material times to make gifts, loans, or execute powers of attorney; the purported transactions were invalid, and the funds remained her property held on trust. Keithley Warner is liable to account for and reimburse all sums withdrawn from Marion's accounts, less credit for care costs paid to Birmingham City Council. Rachel Warner is liable to account for and reimburse sums withdrawn from Marion's Post Office account, less credit for care provided. Thomas Warner is liable to account for occupational rent for the period of his occupation of the property. Declaratory relief regarding the mortgage is refused as the mortgagee is not a party and the...

Court Disposition

Claim allowed in part; Defendants held liable to account and reimburse specified sums; declaratory relief on mortgage refused; costs awarded to Claimant.

Orders

  • Keithley Warner to account for and reimburse £20,588.52 (Santander account), £22,500 (Halifax account), and £650.54 (shortfall), less credit for Birmingham City Council care costs (just over £35,000), plus interest.
  • Keithley Warner to account for and reimburse £15,768.23 (Lloyds account), plus interest.