Mohammed v Ali & Anor [2026] EWHC 401 (KB) (24 February 2026)

Mohammed v Ali & Anor [2026] EWHC 401 (KB) (24 February 2026)

The Recorder misdirected himself in law by holding that a preliminary hearing on litigation capacity was required before appointing a litigation friend, contrary to the guidance in Folks v Faizey. The correct approach was to appoint a litigation friend on the OPE basis unless the defendant was prejudiced, which was not the case here. The preliminary hearing was unnecessary, added expense, and excluded relevant evidence. The Recorder's decision was set aside on this procedural ground.

Citation
[2026] EWHC 401 (KB)
Parties
Claimant/respondent: Eesa Mohammed; First Defendant/appellant: Adam Ali; Second Defendant/appellant: The Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
24 February 2026
Procedural Posture
Personal Injury Road Traffic Accident / Appeal From County Court to High Court (king's Bench Division) on Procedural and Case Management Decisions
Outcome
Appeal allowed in part; Recorder's decision to hold a preliminary capacity hearing set aside; other grounds dismissed; costs to be determined at a later hearing.
Legal Topics
Litigation Capacity, Appointment of Litigation Friend, Case Management Appeals, Transfer Between Courts, Costs Orders
Civil Procedure Personal Injury Mental Capacity Litigation Capacity Appointment of Litigation Friend Case Management Appeals Transfer Between Courts Costs Orders

Case Brief

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Parties

Eesa Mohammed

Claimant/respondent

Adam Ali

First Defendant/appellant

The Motor Insurers Bureau

Second Defendant/appellant

Procedural Posture

Personal Injury Road Traffic Accident / Appeal From County Court to High Court (king's Bench Division) on Procedural and Case Management Decisions

Legal Issues

  1. 1 Whether the Recorder erred in law or procedure by holding a preliminary hearing on litigation capacity before trial
  2. 2 Whether the Recorder was wrong to refuse to adjourn the case without determining capacity
  3. 3 Whether the Recorder was wrong to refuse to transfer the case to the High Court

Ratio Decidendi

The Recorder misdirected himself in law by holding that a preliminary hearing on litigation capacity was required before appointing a litigation friend, contrary to the guidance in Folks v Faizey. The correct approach was to appoint a litigation friend on the OPE basis unless the defendant was prejudiced, which was not the case here. The preliminary hearing was unnecessary, added expense, and excluded relevant evidence. The Recorder's decision was set aside on this procedural ground.

Court Disposition

Appeal allowed in part; Recorder's decision to hold a preliminary capacity hearing set aside; other grounds dismissed; costs to be determined at a later hearing.

Orders

  • Permission to appeal granted on all grounds.
  • Recorder's order for a preliminary capacity hearing and related findings set aside.