Evesham And Pershore Housing Association Ltd v Werrett [2015] EWHC 1060 (QB) (20 April 2015)

Evesham And Pershore Housing Association Ltd v Werrett [2015] EWHC 1060 (QB) (20 April 2015)

The judge's previous decision on capacity was a final order and could only be revisited in exceptional circumstances, which were not present. The evidence did not establish that the defendant lacked capacity to litigate under the Mental Capacity Act 2005. The judge was entitled to assess the evidence and was not wrong in his conclusion.

Citation
[2015] EWHC 1060 (QB)
Parties
Claimant and Respondent: Evesham and Pershore Housing Association Ltd; Defendant and Appellant: Timothy Werrett
Jurisdiction
England and Wales
Judgment Date
20 April 2015
Procedural Posture
Appeal / Application for Permission to Appeal With Appeal to Follow If Granted
Outcome
Application for permission to appeal refused
Legal Topics
Litigation Capacity, Protected Parties, Appointment of Litigation Friend, Variation of Final Orders, Mental Capacity Act 2005
Civil Procedure Mental Capacity Litigation Capacity Protected Parties Appointment of Litigation Friend Variation of Final Orders Mental Capacity Act 2005

Case Brief

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Parties

Evesham and Pershore Housing Association Ltd

Claimant and Respondent

Timothy Werrett

Defendant and Appellant

Procedural Posture

Appeal / Application for Permission to Appeal With Appeal to Follow If Granted

Legal Issues

  1. 1 Whether the judge had power to reconsider his previous decision on the defendant's litigation capacity
  2. 2 Whether the defendant lacked capacity to litigate under the Mental Capacity Act 2005
  3. 3 Whether the judge erred in allowing the claimant to contest the issue of capacity

Ratio Decidendi

The judge's previous decision on capacity was a final order and could only be revisited in exceptional circumstances, which were not present. The evidence did not establish that the defendant lacked capacity to litigate under the Mental Capacity Act 2005. The judge was entitled to assess the evidence and was not wrong in his conclusion.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal is refused