Permission to Appeal granted in Clitheroe v Bond [2020 ]EWHC 1185 (Ch)

Mrs Justice Falk has given permission to appeal in Clitheroe v Bond [2020] EWHC 1185 (Ch), a decision of a Deputy Master.  There are two important issues of law raised by the appeal including (a) whether the Banks v Goodfellow test for testamentary capacity has been superseded by the test for capacity under the Mental Capacity Act 2005; and (b) if Banks v Goodfellow does apply, what the proper test for establishing an insane delusion under Banks v Goodfellow is.

The case is of considerable general importance.  Ruth Hughes acts for the Appellant.  She is led by Vikram Sachdeva QC and Jack Anderson and is instructed by Irwin Mitchell.