D v R (The Deputy of S) & Anor [2010] EWCOP 2405 (04 October 2010)

D v R (The Deputy of S) & Anor [2010] EWCOP 2405 (04 October 2010)

Mr S lacks capacity to decide whether to continue or discontinue the Chancery proceedings because, despite his clearly expressed wishes, he is unable to assimilate, retain, and weigh the relevant information about the nature of the legal claim, the presumption of undue influence, and the consequences of pursuing or discontinuing the proceedings, as required by section 3 of the Mental Capacity Act 2005.

Citation
[2010] EWCOP 2405
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 to Litigate
Outcome
Mr S is declared to lack capacity to decide whether to continue or discontinue the Chancery proceedings.
Legal Topics
Mental Capacity Act 2005, Deputy Powers, Undue Influence, Best Interests, Capacity to Litigate
Mental Capacity Law Equity and Trusts Mental Capacity Act 2005 Deputy Powers Undue Influence Best Interests Capacity to Litigate

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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 to Litigate

Legal Issues

  1. 1 Whether Mr S has capacity to decide whether to continue or discontinue Chancery proceedings to recover gifts made to Mrs D
  2. 2 What is the correct legal test for capacity in this context under the Mental Capacity Act 2005

Ratio Decidendi

Mr S lacks capacity to decide whether to continue or discontinue the Chancery proceedings because, despite his clearly expressed wishes, he is unable to assimilate, retain, and weigh the relevant information about the nature of the legal claim, the presumption of undue influence, and the consequences of pursuing or discontinuing the proceedings, as required by section 3 of the Mental Capacity Act 2005.

Court Disposition

Mr S is declared to lack capacity to decide whether to continue or discontinue the Chancery proceedings.

Orders

  • R as deputy is to make decisions regarding the Chancery proceedings in Mr S's best interests, following the Mental Capacity Act 2005.