Meric v Navis & Anor [2022] EWHC 221 (QB) (04 February 2022)

Meric v Navis & Anor [2022] EWHC 221 (QB) (04 February 2022)

Mr Meric currently has capacity to conduct proceedings; the Official Solicitor's appointment as litigation friend is terminated due to inability to instruct solicitors and material changes in circumstances; Mr Djaaroun is not appointed as litigation friend due to lack of competence.

Citation
[2022] EWHC 221
Parties
Claimant: Karcihan Meric; First Defendant: Andrew Navis; Second Defendant: QBE Insurance (Europe) Limited; Litigation Friend: Official Solicitor; Applicant (for Litigation Friend): Cheikh Djaaroun
Jurisdiction
England and Wales
Judgment Date
04 February 2022
Procedural Posture
Appeal and Applications / High Court Appeal and Applications Following County Court Proceedings
Outcome
Official Solicitor's appointment as litigation friend terminated; appeal allowed; Mr Djaaroun's application dismissed.
Legal Topics
Litigation Friend, Capacity to Conduct Proceedings, Termination of Appointment, Case Management, Mediation
Civil Procedure Personal Injury Mental Capacity Litigation Friend Capacity to Conduct Proceedings Termination of Appointment Case Management Mediation

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Parties

Karcihan Meric

Claimant

Andrew Navis

First Defendant

QBE Insurance (Europe) Limited

Second Defendant

Official Solicitor

Litigation Friend

Cheikh Djaaroun

Applicant (for Litigation Friend)

Procedural Posture

Appeal and Applications / High Court Appeal and Applications Following County Court Proceedings

Legal Issues

  1. 1 Whether the Official Solicitor should be terminated as litigation friend for Mr Meric
  2. 2 Whether Mr Meric currently has capacity to conduct proceedings
  3. 3 Whether Mr Djaaroun should be appointed as litigation friend

Ratio Decidendi

Mr Meric currently has capacity to conduct proceedings; the Official Solicitor's appointment as litigation friend is terminated due to inability to instruct solicitors and material changes in circumstances; Mr Djaaroun is not appointed as litigation friend due to lack of competence.

Court Disposition

Official Solicitor's appointment as litigation friend terminated; appeal allowed; Mr Djaaroun's application dismissed.

Orders

  • Official Solicitor's appointment as litigation friend for Mr Meric is terminated.
  • Mr Meric to serve notice on Second Defendant insurer regarding cessation of litigation friend, address for service, and intention to proceed.