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

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

The claimant, Mr Meric, now has capacity to conduct proceedings; therefore, the appointment of the Official Solicitor as litigation friend is terminated. The Official Solicitor's application to be discharged is granted, and the appeal is allowed on the basis that material changes in circumstances justify termination. The application by Mr Djaaroun to be appointed as litigation friend is dismissed due to lack of competence.

Citation
[2022] EWHC 221 (QB)
Parties
Claimant: Karcihan Meric; First Defendant: Andrew Navis; Second Defendant: QBE Insurance (Europe) Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2022
Procedural Posture
Appeal and Applications in Personal Injury Litigation / High Court Appeal and Determination of Applications Regarding Litigation Friend
Outcome
Official Solicitor's appointment as litigation friend terminated; appeal allowed; application by Mr Djaaroun dismissed.
Legal Topics
Litigation Friend, Capacity to Conduct Proceedings, Civil Procedure Rules, Personal Injury Claims
Civil Procedure Personal Injury Litigation Friend Capacity to Conduct Proceedings Civil Procedure Rules Personal Injury Claims

Case Brief

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Parties

Karcihan Meric

Claimant

Andrew Navis

First Defendant

QBE Insurance (Europe) Limited

Second Defendant

Procedural Posture

Appeal and Applications in Personal Injury Litigation / High Court Appeal and Determination of Applications Regarding Litigation Friend

Legal Issues

  1. 1 Whether the Official Solicitor should be terminated as litigation friend for the claimant
  2. 2 Whether the claimant currently has capacity to conduct proceedings
  3. 3 Whether another individual should be appointed as litigation friend

Ratio Decidendi

The claimant, Mr Meric, now has capacity to conduct proceedings; therefore, the appointment of the Official Solicitor as litigation friend is terminated. The Official Solicitor's application to be discharged is granted, and the appeal is allowed on the basis that material changes in circumstances justify termination. The application by Mr Djaaroun to be appointed as litigation friend is dismissed due to lack of competence.

Court Disposition

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

Orders

  • Official Solicitor discharged as litigation friend for Mr Meric.
  • Mr Meric to serve notice on the Second Defendant insurer regarding cessation of litigation friend and intention to proceed.