RGS, Re

RGS, Re

On the balance of probabilities, RBS lacks litigation capacity due to impairment/disturbance of mind (bipolar disorder) affecting his ability to understand, retain, weigh information and communicate decisions relevant to litigation. Interim declaration made pending medical assessment. Mr A appointed as litigation friend. Directions given for visitor reports, statutory Will application, review of residence, care, and media reporting.

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 (person Concerned) by Litigation Friend the Official Solicitor: RGS
Jurisdiction
England and Wales
Judgment Date
02 November 2012
Procedural Posture
Court of Protection Proceedings / Interim Judgment on Litigation Capacity and Directions
Outcome
Interim declaration that RBS lacks litigation capacity; Mr A appointed as litigation friend; directions for visitor reports and statutory Will application; orders for review of residence, care, assets, and media reporting; prohibition on unauthorized publication until further order.
Legal Topics
Litigation Capacity, Statutory Will, Deputyship, Best Interests, Confidentiality, Media Reporting, Costs, Residence and Care, Unauthorized Publication
Mental Capacity Family Law Property and Affairs Personal Welfare Litigation Capacity Statutory Will Deputyship Best Interests +5 more

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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 (person Concerned) by Litigation Friend the Official Solicitor

Procedural Posture

Court of Protection Proceedings / Interim Judgment on Litigation Capacity and Directions

Legal Issues

  1. 1 Whether RBS has litigation capacity to conduct these proceedings
  2. 2 Whether RGS lacks testamentary capacity
  3. 3 Whether it is in RGS's best interests to review his residence, care, and contact

Ratio Decidendi

On the balance of probabilities, RBS lacks litigation capacity due to impairment/disturbance of mind (bipolar disorder) affecting his ability to understand, retain, weigh information and communicate decisions relevant to litigation. Interim declaration made pending medical assessment. Mr A appointed as litigation friend. Directions given for visitor reports, statutory Will application, review of residence, care, and media reporting.

Court Disposition

Interim declaration that RBS lacks litigation capacity; Mr A appointed as litigation friend; directions for visitor reports and statutory Will application; orders for review of residence, care, assets, and media reporting; prohibition on unauthorized publication until further order.

Orders

  • Mr A appointed as RBS's litigation friend until further order.
  • Public Guardian to arrange Special Visitor and General Visitor reports for RGS and RBS.