LZL (A Protected Party) v HYC & Anor

LZL (A Protected Party) v HYC & Anor

Ms HXS should be given a further opportunity to act as litigation friend, provided the application to the Court of Protection is made promptly. If not, the Official Solicitor should replace her. There is no current evidence of adverse interest, but her previous lack of insight and breach of order are serious concerns.

Parties
Claimant: LZL (A Protected Party) By HXS as Litigation Friend; First Defendant: HYC; Second Defendant: CALPE INSURANCE COMPANY LTD
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Personal Injury Road Traffic Accident / Interlocutory Application Regarding Suitability of Litigation Friend
Outcome
Conditional continuation of Ms HXS as litigation friend; extension of time to comply with court order; possible replacement by Official Solicitor if not complied with.
Legal Topics
Litigation Friend, Conflict of Interest, Deputyship, Lasting Power of Attorney, Court of Protection
Civil Procedure Personal Injury Mental Capacity Litigation Friend Conflict of Interest Deputyship Lasting Power of Attorney Court of Protection

Case Brief

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Parties

LZL (A Protected Party) By HXS as Litigation Friend

Claimant

HYC

First Defendant

CALPE INSURANCE COMPANY LTD

Second Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Interlocutory Application Regarding Suitability of Litigation Friend

Legal Issues

  1. 1 Whether Ms HXS should be replaced as litigation friend for the claimant
  2. 2 Whether there is a conflict of interest or lack of competence by Ms HXS
  3. 3 Whether the Official Solicitor should be appointed as litigation friend

Ratio Decidendi

Ms HXS should be given a further opportunity to act as litigation friend, provided the application to the Court of Protection is made promptly. If not, the Official Solicitor should replace her. There is no current evidence of adverse interest, but her previous lack of insight and breach of order are serious concerns.

Court Disposition

Conditional continuation of Ms HXS as litigation friend; extension of time to comply with court order; possible replacement by Official Solicitor if not complied with.

Orders

  • Time for compliance with the order to apply to the Court of Protection is extended.
  • Unless the application is made within 14 days or a reasonable period, the Official Solicitor will be invited to replace Ms HXS as litigation friend.