Lindsay v Wood

Lindsay v Wood

The Claimant is unable to deal with the advice he is likely to receive or to give reliably rational instructions based on that advice. He is therefore a patient within the meaning of Part VII of the Mental Health Act 1983 and CPR Part 21.

Parties
Claimant: Kunal Karl Lindsay; Defendant: Kenneth Arnold Wood
Jurisdiction
England and Wales
Judgment Date
16 November 2006
Procedural Posture
Personal Injury / Preliminary Issue Trial on Capacity
Outcome
Claimant found to be a patient within the meaning of the Mental Health Act 1983 and CPR Part 21
Legal Topics
Capacity, Management of Property and Affairs, Mental Disorder, Court of Protection, Civil Procedure Rules Part 21
Mental Health Law Civil Procedure Personal Injury Capacity Management of Property and Affairs Mental Disorder Court of Protection Civil Procedure Rules Part 21

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Parties

Kunal Karl Lindsay

Claimant

Kenneth Arnold Wood

Defendant

Procedural Posture

Personal Injury / Preliminary Issue Trial on Capacity

Legal Issues

  1. 1 Whether the Claimant is a patient within the meaning of Part VII of the Mental Health Act 1983 and CPR Part 21
  2. 2 Whether the Claimant has capacity to conduct litigation and manage damages

Ratio Decidendi

The Claimant is unable to deal with the advice he is likely to receive or to give reliably rational instructions based on that advice. He is therefore a patient within the meaning of Part VII of the Mental Health Act 1983 and CPR Part 21.

Court Disposition

Claimant found to be a patient within the meaning of the Mental Health Act 1983 and CPR Part 21

Orders

  • Claimant is declared a patient for the purposes of the proceedings