Johnston v Financial Ombudsman Service [2025] EWCA Civ 551 is a case with a particularly complicated procedural history, but for present… Read more
Tag: litigation capacity
Litigation capacity and a very clear statement from the Court of Appeal about the ordering of the capacity test
MacPherson v Sunderland City Council [2024] EWCA Civ 1579 is another chapter in the very long-running saga concerning contempt proceedings… Read more
Mental capacity in civil proceedings – the final report of the Civil Justice Council working group
At its July 2022 meeting, the Civil Justice Council (CJC) approved the creation of a working group to look at… Read more
The SEND Tribunal, litigation capacity, and the complexity of the intersection between E, H and C
With thanks to Matthew Wyard of 3PB for bringing this case to my attention, MM (C) v RB Greenwich [2024]… Read more
Capacity and contempt proceedings – what is the test?
What is the test to decide whether you can defend yourself against a charge that you are in contempt of… Read more
Litigation capacity – presumptions, stages and the ‘diagnostic’ test fallacy: an unofficial correction to the White Book
For civil practitioners, the White Book is an (inordinately expensive) but often indispensable addition to their suite of materials. It… Read more
Revised certificate as to capacity to conduct proceedings form published
A revised version of the form used to address (and where the person lacks the capacity, to explain in detail… Read more
Determining capacity with one (judicial) hand tied behind your back
In King v The Wright Roofing Company Ltd [2020] EWHC 2129 (QB), a personal injury case, Kerr J had to decide… Read more
Litigation capacity and litigation friends – news from the civil courts
In a judgment relating to the business affairs of the Hinduja family (Hinduja v Hinduja & Ors [2020] EWHC 1533… Read more
Executive dysfunction under the judicial spotlight
In TB v KB and LH (Capacity to Conduct Proceedings) [2019] EWCOP 14 Macdonald J had cause to consider the… Read more