KARCIHAN MERIC v ANDREW NAVIS

KARCIHAN MERIC v ANDREW NAVIS

The court found that Mr Meric now has capacity to conduct proceedings, based on judicial observation and the most recent evidence, and therefore the appointment of the Official Solicitor as litigation friend should be terminated. Alternatively, even if capacity were not found, the Official Solicitor's application to terminate should be granted due to material changes in circumstances making it no longer reasonably practicable for her to act.

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
Civil Appeal / Appeal and Applications Regarding Litigation Friend
Outcome
Appeal allowed; applications determined.
Legal Topics
Litigation Friend, Capacity to Conduct Proceedings, Termination of Litigation Friend Appointment, Case Management, Mediation
Civil Procedure Personal Injury Litigation Friend Capacity to Conduct Proceedings Termination of Litigation Friend Appointment Case Management Mediation

Case Brief

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Parties

Karcihan Meric

Claimant

Andrew Navis

First Defendant

QBE Insurance (Europe) Limited

Second Defendant

Procedural Posture

Civil Appeal / Appeal and 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 person should be appointed as litigation friend

Ratio Decidendi

The court found that Mr Meric now has capacity to conduct proceedings, based on judicial observation and the most recent evidence, and therefore the appointment of the Official Solicitor as litigation friend should be terminated. Alternatively, even if capacity were not found, the Official Solicitor's application to terminate should be granted due to material changes in circumstances making it no longer reasonably practicable for her to act.

Court Disposition

Appeal allowed; applications determined.

Orders

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