| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 32 (Apr) |
| Neutral Citation: | [2012] EWCA Civ 397 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Ward, Lewison LJJ and Sir Mark Potter |
| Representation | Marc Willems (instructed by Potter Rees, Manchester) for the claimant. |
| James Rowley QC (instructed by Keoghs LLP of Bolton) for the defendant. | |
| Judgment Dates: | 3 April 2012 |
Catchwords
Practice - Parties - Capacity - Claimant issuing proceedings for damages for personal injuries arising out of road traffic accident - Claimant compromising action - Claimant subsequently applying for declaration that consent order void on basis she lacked capacity to enter into compromise agreement - Court making assessment by reference to the particular decision made to enter into consent order rather than decisions that could have been made - Court finding claimant having capacity to enter into settlement - Claimant appealing - Whether court erring.
The Case
Practice Parties. The Court of Appeal, Civil Division, allowed the appeal on the basis that the mentally injured claimant had lacked capacity to make a settlement agreement, and held that a litigation friend should have been appointed.
Practice Areas
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