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Clitheroe v Bond update 2022: permission to appeal refused
As announced on 6 October 2022, the Court of Appeal has refused John Clitheroe permission to appeal the decisions of Mrs J Falk, made on 4 May 2021 and 28 July 2022, refusing all 4 grounds of appeal.
Banks v Goodfellow remains the test for testamentary capacity – for now.
The Court of Appeal considered it reasonably arguable that the correct test is that under the Mental Capacity Act 2005. However, because Mr Clitheroe had agreed at the trial before Deputy Master Linwood that the test to be applied was that in Banks v Goodfellow, he could not seek to argue on appeal that the test under the Mental Capacity Act 2005 should apply instead. We may, therefore, now see parties arguing this point at first instance.
The other point of interest in the case concerned the proper legal test for delusions - that the relevant false belief must be irrational and fixed in nature, and that the fixed nature of the false belief can be demonstrated in more than one way. Falks J’s decision that a holistic assessment of the evidence is needed, stands.
Here are links to the original judgements:
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