Lioubov MacPherson v Sunderland City Council

Lioubov MacPherson v Sunderland City Council

There is reason to believe the appellant lacks capacity to conduct the appeal; the Court of Appeal has jurisdiction to make an interim declaration under s.48 MCA 2005 and refer the issue of capacity to a High Court judge for determination before the substantive appeal can proceed.

Source-derived case information.

Parties
Appellant: Lioubov MacPherson; Respondent: Sunderland City Council
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Civil Appeal (court of Protection Committal) / Interlocutory (preliminary Issue on Litigation Capacity in Appeal)
Outcome
Interim declaration made; appeal adjourned; committal sentence stayed; capacity issue referred to High Court judge; Official Solicitor invited as litigation friend.
Legal Topics
Litigation Capacity, Committal for Contempt, Interim Declarations, Court of Protection Appeals
Mental Capacity Civil Procedure Contempt of Court Litigation Capacity Committal for Contempt Interim Declarations Court of Protection Appeals

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Parties

Lioubov MacPherson

Appellant

Sunderland City Council

Respondent

Procedural Posture

Civil Appeal (court of Protection Committal) / Interlocutory (preliminary Issue on Litigation Capacity in Appeal)

Legal Issues

  1. 1 Whether the Court of Appeal can make an interim declaration of lack of capacity under s.48 MCA 2005 in appeal proceedings
  2. 2 Whether there is reason to believe the appellant lacks capacity to conduct the appeal
  3. 3 Appropriate procedural steps when capacity is in doubt in appellate proceedings

Ratio Decidendi

There is reason to believe the appellant lacks capacity to conduct the appeal; the Court of Appeal has jurisdiction to make an interim declaration under s.48 MCA 2005 and refer the issue of capacity to a High Court judge for determination before the substantive appeal can proceed.

Court Disposition

Interim declaration made; appeal adjourned; committal sentence stayed; capacity issue referred to High Court judge; Official Solicitor invited as litigation friend.

Orders

  • Interim declaration that there is reason to believe the appellant lacks capacity to conduct the appeal.
  • Referral of the issue of the appellant's current and past capacity to a Tier 3 (High Court) Judge for determination.