Lindsay v Wood [2006] EWHC 2895 (QB) (16 November 2006)

Lindsay v Wood [2006] EWHC 2895 (QB) (16 November 2006)

The Claimant, due to his brain injury, 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.

Citation
[2006] EWHC 2895
Parties
Claimant: Kunal Karl Lindsay; Defendant: Kenneth Arnold Wood
Jurisdiction
England and Wales
Judgment Date
16 November 2006
Procedural Posture
Personal Injury / Preliminary Issue 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 to Conduct Litigation, Management of Damages, Definition of 'patient' Under Mental Health Act 1983, Court of Protection Jurisdiction
Mental Health Law Civil Procedure Personal Injury Capacity to Conduct Litigation Management of Damages Definition of 'patient' Under Mental Health Act 1983 Court of Protection Jurisdiction

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Parties

Kunal Karl Lindsay

Claimant

Kenneth Arnold Wood

Defendant

Procedural Posture

Personal Injury / Preliminary Issue 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, due to his brain injury, 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's solicitors and counsel may not take instructions from him as a person with capacity; litigation to proceed with Claimant as a patient.