LZL v HYC & Anor [2024] EWHC 542 (KB) (11 March 2024)

LZL v HYC & Anor [2024] EWHC 542 (KB) (11 March 2024)

Ms HXS should be given another chance to act as litigation friend, provided the application to the Court of Protection is made promptly. If not, the Official Solicitor should replace her. Compliance with court orders and competent conduct are essential.

Citation
[2024] EWHC 542 (KB)
Parties
Claimant: LZL; Litigation Friend: HXS; First Defendant: HYC; Second Defendant: CALPE INSURANCE COMPANY LTD
Jurisdiction
England and Wales
Judgment Date
11 March 2024
Procedural Posture
Personal Injury Claim / Interlocutory Hearing Regarding Litigation Friend
Outcome
Ms HXS remains litigation friend subject to prompt COP application; extension of time granted; Official Solicitor to replace if not complied.
Legal Topics
Litigation Friend Appointment, Conflict of Interest, Professional Deputy, Court of Protection Application
Civil Procedure Personal Injury Mental Capacity Litigation Friend Appointment Conflict of Interest Professional Deputy Court of Protection Application

Case Brief

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Parties

LZL

Claimant

HXS

Litigation Friend

HYC

First Defendant

CALPE INSURANCE COMPANY LTD

Second Defendant

Procedural Posture

Personal Injury Claim / Interlocutory Hearing Regarding Litigation Friend

Legal Issues

  1. 1 Whether Ms HXS should be replaced as litigation friend for the claimant
  2. 2 Whether conflict of interest or lack of competence exists
  3. 3 Compliance with court order to apply for Professional Deputy

Ratio Decidendi

Ms HXS should be given another chance to act as litigation friend, provided the application to the Court of Protection is made promptly. If not, the Official Solicitor should replace her. Compliance with court orders and competent conduct are essential.

Court Disposition

Ms HXS remains litigation friend subject to prompt COP application; extension of time granted; Official Solicitor to replace if not complied.

Orders

  • Application to Court of Protection must be made within 14 days or other reasonable period.
  • Extension of time for compliance with previous order granted.