Meric v Navis & Anor [2025] EWHC 759 (KB) (04 April 2025)

Meric v Navis & Anor [2025] EWHC 759 (KB) (04 April 2025)

Mr Meric was able to use and weigh information and make decisions in relation to the litigation, including the notice of discontinuance. His conduct in court, email correspondence, and interactions demonstrated capacity. The applications to set aside orders and appoint litigation friends fail as Mr Meric did not lack capacity under the Mental Capacity Act 2005.

Citation
[2025] EWHC 759 (KB)
Parties
Claimant: Karcihan Meric; First Defendant: Andrew Navis; Second Defendant: QBE Insurance (Europe) Ltd; Prospective Litigation Friend: Paul Mercer; Prospective Litigation Friend: Yavuz Ozdemir
Jurisdiction
England and Wales
Judgment Date
04 April 2025
Procedural Posture
Appeal / Judgment on Appeal and Related Applications
Outcome
Appeal dismissed; applications to appoint litigation friends dismissed; application to set aside permission to appeal dismissed.
Legal Topics
Litigation Capacity, Protected Parties, Appointment of Litigation Friend, Discontinuance of Claim, Mental Capacity Act 2005
Civil Procedure Mental Capacity Litigation Capacity Protected Parties Appointment of Litigation Friend Discontinuance of Claim Mental Capacity Act 2005

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Parties

Karcihan Meric

Claimant

Andrew Navis

First Defendant

QBE Insurance (Europe) Ltd

Second Defendant

Paul Mercer

Prospective Litigation Friend

Yavuz Ozdemir

Prospective Litigation Friend

Procedural Posture

Appeal / Judgment on Appeal and Related Applications

Legal Issues

  1. 1 Whether Mr Meric lacked capacity to conduct litigation under the Mental Capacity Act 2005 since 1 September 2022
  2. 2 Whether orders made since 1 September 2022 should be set aside
  3. 3 Whether Mr Meric's notice of discontinuance should be set aside

Ratio Decidendi

Mr Meric was able to use and weigh information and make decisions in relation to the litigation, including the notice of discontinuance. His conduct in court, email correspondence, and interactions demonstrated capacity. The applications to set aside orders and appoint litigation friends fail as Mr Meric did not lack capacity under the Mental Capacity Act 2005.

Court Disposition

Appeal dismissed; applications to appoint litigation friends dismissed; application to set aside permission to appeal dismissed.

Orders

  • Mr Meric's appeal against HHJ Bird's order of 19 August 2024 is dismissed.
  • QBE's application to set aside permission to appeal is dismissed.