RGS, Re [2012] EWCOP 4162 (02 November 2012)

RGS, Re [2012] EWCOP 4162 (02 November 2012)

RBS has a long-standing mental health condition (bipolar disorder) and refused medical assessment. The court found, on the balance of probabilities, that he suffers from an impairment of mind or brain. His conduct, misunderstanding of proceedings, inability to follow court rules, and unrealistic litigation positions demonstrate that this impairment affects his ability to understand, retain, use or weigh information relevant to the litigation, and to conduct proceedings. Therefore, RBS lacks litigation capacity for these proceedings.

Citation
[2012] EWCOP 4162
Parties
Applicant and Deputy of the Person Concerned: X County Council; First Respondent and Son of the Person Concerned: RBS; Second Respondent and Daughter of the Person Concerned: L; Applicants (media Organisations): Independent Print Ltd and Others; First Respondent in Media Applications, Person Concerned (p), by His Litigation Friend the Official Solicitor: RGS
Jurisdiction
England and Wales
Judgment Date
02 November 2012
Procedural Posture
Court of Protection Mental Capacity Act 2005 / Determination of Litigation Capacity of RBS
Outcome
RBS found to lack litigation capacity for these proceedings.
Legal Topics
Litigation Capacity, Deputyship, Best Interests, Media Reporting in Court of Protection, Contempt of Court
Mental Capacity Court of Protection Civil Procedure Litigation Capacity Deputyship Best Interests Media Reporting in Court of Protection Contempt of Court

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Parties

X County Council

Applicant and Deputy of the Person Concerned

RBS

First Respondent and Son of the Person Concerned

L

Second Respondent and Daughter of the Person Concerned

Independent Print Ltd and Others

Applicants (media Organisations)

RGS

First Respondent in Media Applications, Person Concerned (p), by His Litigation Friend the Official Solicitor

Procedural Posture

Court of Protection Mental Capacity Act 2005 / Determination of Litigation Capacity of RBS

Legal Issues

  1. 1 Whether RBS has litigation capacity to conduct proceedings concerning his father's affairs and related media applications

Ratio Decidendi

RBS has a long-standing mental health condition (bipolar disorder) and refused medical assessment. The court found, on the balance of probabilities, that he suffers from an impairment of mind or brain. His conduct, misunderstanding of proceedings, inability to follow court rules, and unrealistic litigation positions demonstrate that this impairment affects his ability to understand, retain, use or weigh information relevant to the litigation, and to conduct proceedings. Therefore, RBS lacks litigation capacity for these proceedings.

Court Disposition

RBS found to lack litigation capacity for these proceedings.

Orders

  • RBS to act by a litigation friend in these proceedings.
  • Proceedings to continue with appropriate representation for RBS.