C - Capacity to litigate
12/3/14
DUNHILL v BURGIN [2014] UKSC 18
Considers the test to be applied in assessing capacity to conduct proceedings. The general rule that a contract made by a person who lacks capacity is valid unless the other party knew, or ought to have known, about the incapacity does not apply to a consent order made in legal proceedings. CPR Part 21 invalidates a consent order involving a protected party if made without the appointment of a litigation friend and court approval, even if the protected party’s lack of capacity had been unknown at the time of the compromise.
19/6/13
LOUGHLIN v SINGH [2013] EWHC 1641 (QB)
Considers the test to be applied to determine whether a litigant has capacity to conduct litigation [19].
© Copyright 2014 Neil Levy All Rights Reserved. Disclaimer