30 Sept 2021
The caveators failed to establish a tenable case that the deceased lacked testamentary capacity or was unduly influenced; contemporaneous medical records, needs assessments, and solicitor evidence showed the deceased retained sufficient capacity to make a simple will on 1 May 2018, so the low threshold to refuse making the order nisi absolute or to order solemn form was not met.
7 May 2019
The application to set aside the bankruptcy notice is adjourned for medical evidence on the creditor's capacity; the judgment of 26 April 2017 is final and interest is payable; the bankruptcy notice is not set aside for the address defect because payment may be directed to the creditor's solicitors and procedural cure is available; cross-examination is declined at this interlocutory stage and a specialist medical assessment must be obtained first.
19 Mar 2004
The occupational assessment was valid because the jobs it identified were aspects of the claimant's recorded current occupation in the individual rehabilitation plan; the medical assessment was valid because the assessor concluded the knee surgery was minor with expected short recovery and therefore did not affect the long‑term work capacity; accordingly the appeal was dismissed.