Case law request

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Viewing 8 posts - 1 through 8 (of 8 total)
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  • #39567
    dayglow
    Participant

    Sorry to bother you all, but I cannot remember what the Commissioner’s decision that dealt with a case (where I believe if my memory is correct) the tenant had diminished capacity and had signed a tenancy agreement.

    The LA stated that there was no entitlement to HB as he could not understand what he was agreeing to.

    The Commissioner ruled something along the lines of that if both parties knew of the condition before the agreement was signed then the agreement could be avoided but until it was avoided it was valid.

    Sorry I know it’s not a lot to go on.

    #112552
    jmosavat1
    Participant

    is it CH/663/2003 Paras 8-10?

    and CH/2121/2006

    #112554
    dayglow
    Participant

    Thanks, it was CH/0663/2003 that I remembered, but I shall also have a look at CH/2121/2006.

    #112578
    Kevin D
    Participant

    CH/0663/2003 was followed by CH/1096/2008 (same appellant). The finding against the clmt in the UTD was even more clear cut than the earlier CD.

    Also see [b]Wychavon DC v EM (HB) [2011] UKUT 144 (AAC)[/b] (aka CH/0171/2011) where the UTJ expressly found that the clmt’s inability to communicate meant, on the facts of that case, there could be no contract.

    #112579
    dayglow
    Participant

    Thanks Kevin, I’ll have some more reading to do, but it’s good to be advised of further case law.

    #112590
    d-stainsby
    Participant

    I may have the wrong case but was not leave to appeal to the Court of Appeal sought in CH/0171/2011? and is Judge Mark not reviewing the case because he did not take the Mental Capacity Act into account?

    #112597
    Kevin D
    Participant

    Can’t immediately see anything on either the Tribunals’ website nor on Case Tracker when undertaking a search for “Wychavon”. If it’s been mentioned elsewhere, I’m unaware of it but that said I’m no longer keeping detailed tabs on case law progress.

    #112598
    d-stainsby
    Participant

    Judge Jacobs mentioned a recent case along those lines at the hbinfo conference, but I did not take a note of the case reference

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