Adam Harris (by his Litigation Friend ADNAAN MIRZA) v General Pharmaceutical Council
None of the blanket or prospective orders sought by the Appellant are appropriate at this stage; the court will proceed by directing submissions on the necessity of a preliminary issue on capacity and will not stay the appeal or make protective costs orders without proper application and evidence.
- Parties
- Appellant: Adam Harris; Respondent: General Pharmaceutical Council
- Jurisdiction
- England and Wales
- Judgment Date
- 14 March 2023
- Procedural Posture
- Appeal / Directions Hearing
- Outcome
- Application refused; directions given
- Legal Topics
- Capacity to Conduct Litigation, Litigation Friend, Suspension From Professional Register, Directions Hearing, Disclosure, Adjournment, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Adam Harris
Appellant
General Pharmaceutical Council
Respondent
Procedural Posture
Appeal / Directions Hearing
Legal Issues
- 1 Whether the Appellant has capacity to conduct litigation and whether a preliminary issue on capacity is required
- 2 Whether the orders sought by the Appellant (including stay, disclosure, amendment, joinder, and protective costs) should be granted
- 3 Appropriate case management directions in light of capacity concerns
Ratio Decidendi
None of the blanket or prospective orders sought by the Appellant are appropriate at this stage; the court will proceed by directing submissions on the necessity of a preliminary issue on capacity and will not stay the appeal or make protective costs orders without proper application and evidence.
Court Disposition
Application refused; directions given
Orders
- Respondent to provide written submissions and materials by 4pm Friday
- Litigation Friend to file and serve any response within 7 days thereafter
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