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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Gribler v Diamond & Vincent [2001] EWCA Civ 869 (25 May 2001) URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/869.html Cite as: [2001] EWCA Civ 869 |
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
CHANCERY DIVISION, COURT OF PROTECTION
(Jacob J)
Strand London WC2 |
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B e f o r e :
____________________
GRIBLER | ||
Applicant | ||
- v - | ||
DIAMOND | ||
and | ||
VINCENT | ||
Respondent |
____________________
Smith Bernal Reporting Limited
190 Fleet Street, London EC4A 2AG
Telephone No: 020-7421 4040 Fax No: 020-7831 8838
(Official Shorthand Writers to the Court)
____________________
Crown Copyright ©
"Dear Miss Diamond and Miss Vincent
Thank you for your visit this Monday 27th September 1999 which you assured was a goodwill visit and non-chargeable.
Effective forthwith any power/s of attorney granted by me to you personally or your firm are summarily rescinded. Kindly acknowledge these instructions and that you have actioned my instructions of 17th inst.
Sincerely."
"She was unaware that she had revoked this power [that is a reference to the power of attorney] and would only have filled in paperwork to do so under duress."
"In the circumstances I am not satisfied that Mrs Gribler had animus revocandi on 29th September 1999 and dismissed the argument that the power created by the instrument no longer subsides."
"I must place on record my admiration of the determination and perseverance of these two attorneys and their loyalty to the donor in extremely difficult circumstances. I can see why Age Concern recommended them to Mr and Mrs Gribler. They are a credit to their profession."
"In my opinion David Gribler's application has been a combination of frivolity, malice, vexatiousness and self interest, and his action was fuelled by a complacent belief that, because he is on income support, he would automatically be immune from any penalty as to costs."
"I urgently require a renewal/and/or adjournment due to my illhealth & that of June Gribler my ward whom I am escorting this week for Doctors' & Specialists' appointments and tests for pernicious anaemia brought on by chemotherapy for Colon Cancer see addendum pages 1 to 1A.
I have appended numbered sheets (addendum) to support this renewal/adjournment, because of the suspicious circumstances surrounding the purported 'death' of purported donor of an EPA, Bessie Gribler."
"Mr Gribler suffers from high blood pressure and on his recent review, the blood pressure was still not well controlled. He is awaiting further blood investigations to assess implications of high blood pressure on his physical health.
...
Because of their ill health, they are not able to attend the court."