Karcihan Meric v Andrew Navis & Anor

Karcihan Meric v Andrew Navis & Anor

Mr Meric was able to use and weigh information as part of the process of making decisions in litigation, and thus had capacity under the Mental Capacity Act 2005 at all material times. His application to set aside orders and notice of discontinuance failed at the first stage of the capacity test.

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 for appointment of litigation friends dismissed. Application to set aside permission to appeal dismissed.
Legal Topics
Litigation Capacity, Appointment of Litigation Friend, Discontinuance of Claim, Mental Capacity Act 2005
Civil Procedure Mental Capacity Litigation Capacity 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 as part of the process of making decisions in litigation, and thus had capacity under the Mental Capacity Act 2005 at all material times. His application to set aside orders and notice of discontinuance failed at the first stage of the capacity test.

Court Disposition

Appeal dismissed. Applications for appointment of litigation friends dismissed. Application to set aside permission to appeal dismissed.

Orders

  • Mr Meric's appeal is dismissed.
  • QBE's application to set aside permission to appeal is dismissed.