DM v Dorset County Council [2019] EWCOP 4 (11 February 2019)

DM v Dorset County Council [2019] EWCOP 4 (11 February 2019)

There was sufficient expert medical evidence, including reports and oral testimony from Dr Barker and corroborating diagnoses from other psychiatrists, establishing DM's persistent delusional disorder and inability to use and weigh information rationally in litigation. The judge applied the correct legal principles and found DM lacked litigation capacity. No real prospect of success or compelling reason for appeal exists.

Citation
[2019] EWCOP 4
Parties
Appellant: DM; Respondent: Dorset County Council
Jurisdiction
England and Wales
Judgment Date
11 February 2019
Procedural Posture
Court of Protection Appeal / Permission to Appeal Decision on Litigation Capacity
Outcome
Permission to appeal refused; appeal certified as totally without merit.
Legal Topics
Litigation Capacity, Appointment of Deputy, Mental Capacity Act 2005, Appeal Procedure, Anonymity Orders
Mental Capacity Court of Protection Civil Procedure Litigation Capacity Appointment of Deputy Mental Capacity Act 2005 Appeal Procedure Anonymity Orders

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Parties

DM

Appellant

Dorset County Council

Respondent

Procedural Posture

Court of Protection Appeal / Permission to Appeal Decision on Litigation Capacity

Legal Issues

  1. 1 Whether DM lacked capacity to litigate under the Mental Capacity Act 2005
  2. 2 Whether there are grounds for permission to appeal the finding of incapacity

Ratio Decidendi

There was sufficient expert medical evidence, including reports and oral testimony from Dr Barker and corroborating diagnoses from other psychiatrists, establishing DM's persistent delusional disorder and inability to use and weigh information rationally in litigation. The judge applied the correct legal principles and found DM lacked litigation capacity. No real prospect of success or compelling reason for appeal exists.

Court Disposition

Permission to appeal refused; appeal certified as totally without merit.

Orders

  • Anonymity order under CPR rule 39.2(3)(d) and (4) to protect DM's identity.
  • Consideration for further anonymisation of medical witnesses.