Greetham v Greetham (Rev 1)

Greetham v Greetham (Rev 1)

The presumption of capacity was not displaced on the balance of probabilities; the evidence provided by Richard Greetham and supporting experts was insufficient and lacked relevant information about the litigation. Andrew Charles Greetham is not a protected party, and Richard Greetham does not satisfy the conditions for appointment as litigation friend due to lack of competence and fairness in conduct of proceedings.

Parties
Claimant: Thomas Edward Saul Greetham; Defendant: Andrew Charles Greetham; Applicant (litigation Friend): Alfred Richard Greetham
Jurisdiction
England and Wales
Judgment Date
29 April 2021
Procedural Posture
Application / Ruling on Application for Appointment of Litigation Friend
Outcome
application dismissed
Legal Topics
Litigation Capacity, Appointment of Litigation Friend, Enforcement of Court Orders, Costs, Mental Capacity Assessment
Civil Procedure Family Law Partnership Law Litigation Capacity Appointment of Litigation Friend Enforcement of Court Orders Costs Mental Capacity Assessment

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Parties

Thomas Edward Saul Greetham

Claimant

Andrew Charles Greetham

Defendant

Alfred Richard Greetham

Applicant (litigation Friend)

Procedural Posture

Application / Ruling on Application for Appointment of Litigation Friend

Legal Issues

  1. 1 Whether Andrew Charles Greetham lacks capacity to conduct litigation and is a protected party under CPR 21 and the Mental Capacity Act 2005
  2. 2 Whether Richard Greetham satisfies the conditions for appointment as litigation friend under CPR 21.4(3)

Ratio Decidendi

The presumption of capacity was not displaced on the balance of probabilities; the evidence provided by Richard Greetham and supporting experts was insufficient and lacked relevant information about the litigation. Andrew Charles Greetham is not a protected party, and Richard Greetham does not satisfy the conditions for appointment as litigation friend due to lack of competence and fairness in conduct of proceedings.

Court Disposition

application dismissed

Orders

  • Richard Greetham's application dated 21 January 2021 for appointment as litigation friend is dismissed.
  • Further applications brought by Richard within the application document are dismissed.