Dalley and Dalley and Anor

The parties before the court were Mr Dalley (the first respondent) and Mr B Dalley (the second respondent), who was acting as the first respondent's litigation guardian and attorney under an Enduring Power of Attorney. The dispute involved applications concerning the first respondent's property and personal affairs, including an application for the appointment of a litigation guardian, an application for the revocation of an Enduring Power of Attorney, and an application for injunctive relief. The matter was heard by Judge Lapthorn.

The court was required to determine several legal issues. Firstly, whether sufficient medical evidence had been presented to warrant the appointment of a litigation guardian for the first respondent. Secondly, whether the court possessed the jurisdiction to revoke the Enduring Power of Attorney granted to the second respondent. Thirdly, whether injunctive relief should be granted to restrain the second respondent from dealing with the first respondent's property in certain circumstances.

In relation to the application for a litigation guardian, the court found that the medical evidence was insufficient to establish the necessity for such an appointment and therefore dismissed this application. The application for the revocation of the Enduring Power of Attorney was also dismissed, with a concession being made by one party, indicating a lack of jurisdiction or a basis for revocation. However, the court granted the application for injunctive relief, restraining the second respondent from dealing with the first respondent's property, except for expenses directly related to the first respondent's welfare, treatment, and care within his residential facility.