Clarke, Re

Mr Michael Clarke’s actions and inability to cooperate make it impossible to assess what is best for Mrs Clarke; sale of property not in her best interests under current circumstances; request for access dismissed due to family antagonism and enforcement difficulties.

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: Application to Vary Order / Judgment
Outcome: application dismissed
Legal Topics: Variation of Order, Best Interests, Sale of Property, Access to Property

Mental Capacity Property Law Variation of Order Best Interests Sale of Property Access to Property

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Parties

Mrs Ann Clarke

Subject

Mr Michael Clarke

Applicant

Ms Angela Wilde

Requestor

Mr Kevin Clarke

Requestor

Procedural Posture

Application to Vary Order / Judgment

Legal Issues

1 Whether to vary the order of 9 October 2012 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 dismissed

Orders

Mr Michael Clarke’s application to vary the order is dismissed.
Request for access to Mrs Clarke’s Blackpool property by Ms Wilde and Mr Kevin Clarke is dismissed.