Clarke, Re [2016] EWCOP 11 (22 February 2016)

Given Mr Michael Clarke's actions, lack of cooperation, and the risk that sale proceeds would not benefit Mrs Clarke, there is no basis to grant the application to sell the property. The request for access is also dismissed due to family antagonism and enforcement difficulties.

Citation: [2016] EWCOP 11
Parties: Subject: Mrs Ann Clarke; Applicant: Mr Michael Clarke; Requestor: Ms Angela Wilde; Requestor: Mr Kevin Clarke
Jurisdiction: England and Wales
Judgment Date: 22 February 2016
Procedural Posture: Court of Protection Mental Capacity Act / Application to Vary Order Regarding Sale and Access to Property
Outcome: Application and request dismissed.
Legal Topics: Best Interests of Incapacitated Person, Sale of Property, Access to Property, Family Disputes

Mental Capacity Property Law Best Interests of Incapacitated Person Sale of Property Access to Property Family Disputes

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Parties

Mrs Ann Clarke

Subject

Mr Michael Clarke

Applicant

Ms Angela Wilde

Requestor

Mr Kevin Clarke

Requestor

Procedural Posture

Court of Protection Mental Capacity Act / Application to Vary Order Regarding Sale and Access to Property

Legal Issues

1 Whether to vary the order to allow sale of Mrs Clarke's Blackpool property
2 Whether to grant access to the property for inspection and maintenance

Ratio Decidendi

Court Disposition

Application and request dismissed.

Orders

Mr Michael Clarke’s application to vary the order to allow sale of the property is dismissed.
Ms Wilde and Mr Kevin Clarke’s request for access to the property is dismissed.