Judgement was handed down this morning following an appeal heard by the Supreme Court on 3, 4 & 5 February.
Marc Willems - led by Chris Melton QC (Byrom Street Chambers) and Instructed by Potter Rees - Successfully represented the Respondent in the Appeal.
JOANNE DUNHILL (BY HER LITIGATION FRIEND PAUL TASKER) v SHAUN BURGIN (2014): A litigant's capacity to conduct proceedings was to be judged on the basis of the claim which they actually had, not on the basis of the claim as formulated by their lawyers. CPR Pt 21 invalidated a consent judgment involving a protected party where it had been reached without the appointment of a litigation friend and court approval, even where the individual's lack of capacity had been unknown at the time of the compromise. CIVIL PROCEDURE - MENTAL HEALTH - DAMAGESSC (Lady Hale (Deputy President), Lord Kerr JSC, Lord Dyson JSC, Lord Wilson JSC, Lord Reed JSC) 12/03/2014 References: LTL 12/3/2014Document No.: Case Law - AC0140972
A copy of the judgement can be downloaded by clicking the link below:dunhill_uksc_2012_0136_judgment.pdf