D v R (The Deputy of S) & Anor

D v R (The Deputy of S) & Anor

Mr S lacks capacity to decide whether to continue or compromise the Chancery proceedings because he is unable to understand, retain, or use and weigh the relevant information as required by section 3(1) of the Mental Capacity Act 2005, due to profound memory impairment and probable frontal lobe dysfunction.

Parties
Applicant: D; First Respondent: R (the Deputy of S); Second Respondent: S
Jurisdiction
England and Wales
Judgment Date
04 October 2010
Procedural Posture
Court of Protection Application / Judgment on Capacity
Outcome
Mr S lacks capacity to decide whether the Chancery proceedings should be continued or compromised.
Legal Topics
Capacity to Litigate, Undue Influence, Deputy Powers, Best Interests, Expert Evidence
Mental Capacity Civil Procedure Capacity to Litigate Undue Influence Deputy Powers Best Interests Expert Evidence

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Parties

D

Applicant

R (the Deputy of S)

First Respondent

S

Second Respondent

Procedural Posture

Court of Protection Application / Judgment on Capacity

Legal Issues

  1. 1 Whether Mr S has capacity to decide whether Chancery proceedings should be continued or compromised
  2. 2 Whether Mr S can understand, retain, use or weigh relevant information regarding the proceedings

Ratio Decidendi

Mr S lacks capacity to decide whether to continue or compromise the Chancery proceedings because he is unable to understand, retain, or use and weigh the relevant information as required by section 3(1) of the Mental Capacity Act 2005, due to profound memory impairment and probable frontal lobe dysfunction.

Court Disposition

Mr S lacks capacity to decide whether the Chancery proceedings should be continued or compromised.

Orders

  • R as deputy may continue to act on Mr S's behalf in relation to the Chancery proceedings.
  • Future conduct of proceedings must be in Mr S's best interests, with regard to his wishes and feelings.