Fox v Wiggins & Ors [2019] EWHC 2713 (QB) (16 October 2019)

Fox v Wiggins & Ors [2019] EWHC 2713 (QB) (16 October 2019)

The Sixth Defendant failed to discharge the burden of proving lack of capacity under the Mental Capacity Act 2005. The medical evidence was insufficient, outdated, and did not address the statutory tests. The application to set aside default judgment and for relief from sanctions was refused as the Defendant did not demonstrate a real prospect of defending the claim or other good reason, nor did she act promptly. The steps taken prior to appointment of a litigation friend were not regularised except for service of Particulars of Claim.

Citation
[2019] EWHC 2713
Parties
Claimant/respondent: Jonathan Fox; Defendant: Hannah Wiggins; Defendant: Ren Aldridge; Defendant: Nadia Javed; Defendant: Brittany McInerny; Defendant: CNF; Defendant/applicant: Katherine Lawrence (by her mother and litigation friend, Jill Lawrence)
Jurisdiction
England and Wales
Judgment Date
16 October 2019
Procedural Posture
Civil Defamation and Harassment / Application to Set Aside Default Judgment and for Declaration of Lack of Capacity
Outcome
Application dismissed
Legal Topics
Default Judgment, Mental Capacity, Relief From Sanctions, Litigation Friend, CPR Part 21, CPR Part 13, CPR Part 3.9
Civil Procedure Defamation Harassment Default Judgment Mental Capacity Relief From Sanctions Litigation Friend CPR Part 21 +2 more

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Parties

Jonathan Fox

Claimant/respondent

Hannah Wiggins

Defendant

Ren Aldridge

Defendant

Nadia Javed

Defendant

Brittany McInerny

Defendant

CNF

Defendant

Katherine Lawrence (by her mother and litigation friend, Jill Lawrence)

Defendant/applicant

Procedural Posture

Civil Defamation and Harassment / Application to Set Aside Default Judgment and for Declaration of Lack of Capacity

Legal Issues

  1. 1 Whether the Sixth Defendant lacked capacity at the relevant time under the Mental Capacity Act 2005
  2. 2 Whether default judgment against the Sixth Defendant should be set aside under CPR r 13.3 and relief from sanctions granted under CPR r 3.9
  3. 3 Whether steps taken prior to appointment of litigation friend should be regularised under CPR r 21.3(4)

Ratio Decidendi

The Sixth Defendant failed to discharge the burden of proving lack of capacity under the Mental Capacity Act 2005. The medical evidence was insufficient, outdated, and did not address the statutory tests. The application to set aside default judgment and for relief from sanctions was refused as the Defendant did not demonstrate a real prospect of defending the claim or other good reason, nor did she act promptly. The steps taken prior to appointment of a litigation friend were not regularised except for service of Particulars of Claim.

Court Disposition

Application dismissed

Orders

  • Application for declaration of lack of capacity refused
  • Application to set aside default judgment refused