DM v Dorset County Council

DM v Dorset County Council

There was a body of unchallenged expert medical evidence before the court supporting the finding that DM lacked litigation capacity due to a persistent delusional disorder affecting his ability to use and weigh information. The grounds of appeal disclosed no real prospect of success and there was no other compelling reason for the appeal to be heard.

Parties
Appellant: DM; Respondent: Dorset County Council
Jurisdiction
England and Wales
Judgment Date
11 February 2019
Procedural Posture
Court of Protection Mental Capacity / Application for Permission to Appeal
Outcome
Permission to appeal refused; appeal certified as totally without merit.
Legal Topics
Litigation Capacity, Appointment of Deputy, Appeal Procedure, Burden of Proof, Article 6 ECHR Rights
Mental Capacity Law Civil Procedure Litigation Capacity Appointment of Deputy Appeal Procedure Burden of Proof Article 6 ECHR Rights

Case Brief

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Parties

DM

Appellant

Dorset County Council

Respondent

Procedural Posture

Court of Protection Mental Capacity / Application for Permission to Appeal

Legal Issues

  1. 1 Whether DM lacked capacity to litigate on his own behalf as determined by the lower court
  2. 2 Whether there were reasonable grounds for the finding of lack of litigation capacity
  3. 3 Whether the judge failed to understand DM's submissions

Ratio Decidendi

There was a body of unchallenged expert medical evidence before the court supporting the finding that DM lacked litigation capacity due to a persistent delusional disorder affecting his ability to use and weigh information. The grounds of appeal disclosed no real prospect of success and there was no other compelling reason for the appeal to be heard.

Court Disposition

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

Orders

  • Application for permission to appeal dismissed.
  • Anonymity orders made to protect the identity of DM under CPR rule 39.2(3)(d) and (4).