Source: All England Reporter
Publisher Citation: [2008] All ER (D) 168 (Jun)
Court: Court of Appeal, Civil Division

Mummery, Dyson and Maurice Kay LJJ

Representation Emily Campbell (instructed by Hill Dickinson LLP) for the claimant.
  Adam Smith (instructed by the Bar Pro Bono Unit) for the defendant.
Judgment Dates: 13 June 2008


Executor and administrator - Dealings with assets of estate - Possession - Action for possession against executrix's severely mentally disabled brother - Brother and litigant in person failing to comply with consent order - Judge making order for possession and striking out defence and counterclaim - Application to suspend possession order refused - Whether judge erring.

The Case

Where the claimant commenced possession proceedings against her severely mentally disabled brother and where in the light of the fact that the defendant had failed to comply with a consent order, the judge had made an order for possession and struck out his defence and counterclaim, the evidence did not indicate that by reason of his mental disability the defendant was unable to comply with the provisions of the consent order. Accordingly, the judge had exercised his discretion lawfully and had been correct in refusing to suspend the possession order.

Practice Areas

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