MacPherson v Sunderland City Council (Rev1) [2024] EWCA Civ 1579 (18 December 2024)

MacPherson v Sunderland City Council (Rev1) [2024] EWCA Civ 1579 (18 December 2024)

There is reason to believe the Appellant lacks capacity to conduct the appeal; an interim declaration is appropriate, and the issue of capacity must be determined by a Tier 3 (High Court) Judge before the appeal proceeds.

Citation
[2024] EWCA Civ 1579
Parties
Defendant/appellant: Lioubov MacPherson; Claimant/respondent: Sunderland City Council
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Appeal From Court of Protection Committal Order / Preliminary Issue on Litigation Capacity in Appeal
Outcome
Interim declaration of lack of capacity; referral for capacity determination; appeal adjourned.
Legal Topics
Litigation Capacity, Interim Declarations, Committal for Contempt, Mental Capacity Act 2005, Court of Protection Rules
Mental Capacity Contempt of Court Civil Procedure Litigation Capacity Interim Declarations Committal for Contempt Mental Capacity Act 2005 Court of Protection Rules

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Parties

Lioubov MacPherson

Defendant/appellant

Sunderland City Council

Claimant/respondent

Procedural Posture

Appeal From Court of Protection Committal Order / Preliminary Issue on Litigation Capacity in Appeal

Legal Issues

  1. 1 Whether the Appellant lacks litigation capacity to conduct appeal
  2. 2 Appropriate interim measures pending capacity determination

Ratio Decidendi

There is reason to believe the Appellant lacks capacity to conduct the appeal; an interim declaration is appropriate, and the issue of capacity must be determined by a Tier 3 (High Court) Judge before the appeal proceeds.

Court Disposition

Interim declaration of lack of capacity; referral for capacity determination; appeal adjourned.

Orders

  • Interim declaration that there is reason to believe the Appellant lacks capacity in relation to the conduct of her appeal.
  • Referral of capacity issues to a Tier 3 (High Court) Judge for determination.