||All England Reporter
|| All ER (D) 83 (Apr)
|| EWCA Civ 381
||Court of Appeal, Civil Division
Pill, Keene and Wilson LJJ
||Mark Anderson (instructed by Irwin Mitchell, Birmingham) for the claimant.
||Deni Matthews (instructed by Buller Jefferies, Birmingham ) for the defendant.
||6 April 2006
Practice - Parties - Capacity - Claimant suffering brain damage as result of road traffic accident - Claimant seeking appointment of litigation friend - Judge ordering trial of preliminary issue as to whether facts justified appointment of litigation friend - Whether trial of preliminary issue should have been ordered.
The rules as to capacity were not designed to create additional litigation, the result of which would have a minimal effect on the main action.
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