The applicant appealed an order that a statutory will be executed for the patient, who suffered from Alzheimer’s disease. The will substituted a solicitor for the applicant as executor, and made technical improvements. The court considered its jurisdiction to hear an appeal without leave to appeal having been obtained.
Held: The 1983 Act allowed for the nomination of judges to hear applications. High Court judges would be nominated to these posts. A statutory right of appeal lies from the nominated judge to the Court of Appeal: ‘Although a nominated judge derives his position from his office as a judge of the High Court, when exercising his jurisdiction under Part VII of the Mental Health Act 1983 he is not sitting in the High Court. Accordingly the permission requirements imposed by CPR Part 52.3 do not apply to an appeal from his decision delivered in the course of such jurisdiction. ‘
Judges:
Sir Peter Gibson (President)
Citations:
[2005] EWCA Civ 1293, Times 10-Nov-2005
Links:
Statutes:
Mental Health Act 1983 105(1), Cvil Procedure Rules 52.3
Jurisdiction:
England and Wales
Citing:
Cited – Re Cathcart 1893
The jurisdiction to appoint judges to deal with the assets of those with mental health problems is vested in the Lord Chancellor, but is exercised by certain appointed/nominated judges of the High Court. . .
Cited – Colley v Council for Licensed Conveyancers CA 17-Jul-2001
The applicant had sought to exercise his statutory right of appeal from a decision by his professional body. The judge had considered that leave was necessary under the rules, and granted limited permission. The applicant appealed, saying that his . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate, Litigation Practice
Updated: 04 July 2022; Ref: scu.231673
