Source: All England Reporter
Publisher Citation: [2006] All ER (D) 83 (Apr)
Neutral Citation: [2006] EWCA Civ 381
Court: Court of Appeal, Civil Division

Pill, Keene and Wilson LJJ

Representation Mark Anderson (instructed by Irwin Mitchell, Birmingham) for the claimant.
  Deni Matthews (instructed by Buller Jefferies, Birmingham ) for the defendant.
Judgment Dates: 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 Case

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.

Practice Areas

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