Siblings fail to discharge onus of proof to demonstrate unsuitability of attorneys

Notice of motion seeking an order under s. 10 of the Powers of Attorney Act 1996 registering the enduring power in this case - application has given rise to conflict between the five siblings who are children of the donor (first 'N', second 'J', third 'E', fourth 'C', fifth 'I') - two of those siblings are the applicants, being the named attorneys - the third sibling supports the application and the other two siblings are the objecting respondents - both attorneys are said to be unsuitable - objection to 'N' is focused exclusively on the decision to sell shares of the donor to fund works in B. House, in which the donor had a right to reside, and on the circumstances surrounding those steps - onus of proof of unsuitability of an attorney is on the objectors - first problem for the objectors is that even if the scheme to sell the mother’s shares and revamp B. House was a misstep, the mother herself decided to do it, and it has not been established in evidence that she lacked capacity at that time - positions and evidence of objecting respondents - threshold required to be misconduct under the 1996 Act - 'C' knew of proposal to sell donor's shares in 2016 and did not articulate any objection at that time - objectors wrote an expressly open letter dated 22nd January, 2020 accepting that 'J' would be accepted as an attorney - medical evidence favours the donor remaining in her present care arrangements - order made and then parties given opportunity to seek to agree whether directions along the foregoing lines are required and, if so, what the wording of those directions shall be - consequential orders made, inter alia, in relation to tax returns, shares, donors income and expenditure - costs application of the applicants - case law in relation to costs - costs awarded to applicant - rejection of Calderbank letter - costs discounted by one seventh which is the proportion of that time that counsel for the applicant stated the application would have taken if it had have been dealt with on directions alone.