Fox v Wiggins & Ors

Fox v Wiggins & Ors

The Sixth Defendant failed to discharge the burden of proving lack of capacity under the Mental Capacity Act 2005; evidence was insufficient and outdated. However, default judgment was set aside and relief from sanctions granted under CPR r 13.3(1)(b) due to the seriousness of allegations, the nature of the claim, and risk of inconsistent outcomes if other defendants proceeded to trial while default judgment remained against the Sixth Defendant.

Parties
Claimant: Jonathan Fox; Defendant: Hannah Wiggins; Defendant: Ren Aldridge; Defendant: Nadia Javed; Defendant: Brittany McInerny; Defendant: CNF; Defendant: Katherine Lawrence
Jurisdiction
England and Wales
Judgment Date
16 October 2019
Procedural Posture
Civil / Ruling on Applications to Set Aside Default Judgment and Declaration of Incapacity
Outcome
Default judgment against Sixth Defendant set aside; relief from sanctions granted; Capacity Application refused.
Legal Topics
Default Judgment, Mental Capacity, Relief From Sanctions, Litigation Friend, CPR Part 21, CPR Part 13, CPR Part 3, Defamation Act 2013, Protection From Harassment Act 1997
Defamation Harassment Civil Procedure Default Judgment Mental Capacity Relief From Sanctions Litigation Friend CPR Part 21 +4 more

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Parties

Jonathan Fox

Claimant

Hannah Wiggins

Defendant

Ren Aldridge

Defendant

Nadia Javed

Defendant

Brittany McInerny

Defendant

CNF

Defendant

Katherine Lawrence

Defendant

Procedural Posture

Civil / Ruling on Applications to Set Aside Default Judgment and Declaration of Incapacity

Legal Issues

  1. 1 Whether the Sixth Defendant lacked capacity at relevant times under the Mental Capacity Act 2005
  2. 2 Whether default judgment should be set aside under CPR r 13.3 and relief from sanctions granted
  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to discharge the burden of proving lack of capacity under the Mental Capacity Act 2005; evidence was insufficient and outdated. However, default judgment was set aside and relief from sanctions granted under CPR r 13.3(1)(b) due to the seriousness of allegations, the nature of the claim, and risk of inconsistent outcomes if other defendants proceeded to trial while default judgment remained against the Sixth Defendant.

Court Disposition

Default judgment against Sixth Defendant set aside; relief from sanctions granted; Capacity Application refused.

Orders

  • Sixth Defendant permitted to file Defence.
  • Parties to draw up order reflecting judgment.