Gribler v Diamond & Vincent

On a second-tier appeal, permission should be granted only where the proposed appeal raises an important point of principle or practice, or there is another compelling reason for the Court of Appeal to hear it. A challenge disclosing no arguable ground will fail. A donor’s possible change of domicile to Spain would not, of itself, affect the validity in the United Kingdom of an enduring power of attorney.

Mr David Gribler sought permission to appeal from an order of Jacob J dismissing his appeal against decisions in the Court of Protection. Those decisions had upheld the registration of an enduring power of attorney made by his mother, Mrs Bessie Gribler, and rejected challenges concerning revocation, the attorneys’ suitability and fairness. Mr Gribler also raised a new argument based on his mother’s alleged Spanish domicile and sought an adjournment because of ill health. The central questions were whether the application should be adjourned and whether the proposed second-tier appeal satisfied the statutory threshold.

1. Adjournment. The application to adjourn was rejected. The medical material was dated about a month earlier, did not show that Mr Gribler was unable to attend, and did not identify a period during which he would be unfit to do so. The court proceeded on the basis of his written submissions and documents.
2. Second-tier appeal threshold. Under section 55(1) of the Access to Justice Act 1999, permission required a demonstration that the proposed appeal involved an important point of principle or practice, or that there was some other compelling reason for the Court of Appeal to hear it. The material supplied disclosed no arguable ground against Jacob J’s decision. The proposed appeal was hopeless and did not satisfy the statutory test.
3. Enduring power of attorney. The court was not required to decide whether Mrs Gribler had changed her domicile to Spain. Even if she had become domiciled there, that would not affect the validity in the United Kingdom of the enduring power of attorney. The underlying challenges had already been rejected below.
4. Disposition. Permission was refused and the application was dismissed. There was no order as to costs.

• Court of Protection: Assistant Master Janes refused the application to cancel registration of the enduring power of attorney on 9 February 2000. Master Lush upheld that decision on 10 April 2000.
• High Court, Chancery Division, Court of Protection: Jacob J dismissed Mr Gribler’s appeal on 16 June 2000 and agreed that registration should not be cancelled.
• Court of Appeal (Civil Division): Lord Justice Parker dismissed the application for permission to appeal on 25 May 2001.