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

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

The Claimant is unable to deal with the advice he is likely to receive or to give reliably rational instructions based on that advice, particularly in the context of complex decisions regarding litigation and financial management. The evidence, especially from Mrs Lindsay and corroborated by lay and medical witnesses, demonstrates that the Claimant lacks the capacity to manage his property and affairs and to conduct litigation. 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 (QB)
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 to Conduct Litigation, Capacity to Manage Property and Affairs, Definition of 'patient' Under Mental Health Act 1983, Application of CPR Part 21, Assessment of Mental Capacity, Role of Discretionary Trusts in Personal Injury Awards
Mental Health Law Civil Procedure Personal Injury Capacity to Conduct Litigation Capacity to Manage Property and Affairs Definition of 'patient' Under Mental Health Act 1983 Application of CPR Part 21 Assessment of Mental Capacity +1 more

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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 his property and affairs

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, particularly in the context of complex decisions regarding litigation and financial management. The evidence, especially from Mrs Lindsay and corroborated by lay and medical witnesses, demonstrates that the Claimant lacks the capacity to manage his property and affairs and to conduct litigation. 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.