Baker Tilly (a firm) v Makar [2013] EWHC 759 (QB) (27 March 2013)

Baker Tilly (a firm) v Makar [2013] EWHC 759 (QB) (27 March 2013)

The Master erred in placing determinative weight on a single incident of distress (18 July 2012) and failed to consider Miss Makar's conduct in other proceedings where no capacity concerns were raised. In the absence of medical evidence and given her ability to conduct other litigation, it was not established on the...

Source-derived case information.

Citation
[2013] EWHC 759 (QB)
Parties
Claimant: Baker Tilly (a firm); Defendant: Mira Makar
Jurisdiction
England and Wales
Judgment Date
27 March 2013
Procedural Posture
Appeal / Judgment on Appeal From Order of Master Leonard, Senior Courts Costs Office
Outcome
Appeal allowed
Legal Topics
Capacity to Conduct Proceedings, Appointment of Litigation Friend, Detailed Assessment of Costs, Mental Capacity Act 2005, Civil Procedure Rules Part 21
Civil Procedure Costs Capacity to Conduct Proceedings Appointment of Litigation Friend Detailed Assessment of Costs Mental Capacity Act 2005 Civil Procedure Rules Part 21

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Parties

Baker Tilly (a firm)

Claimant

Mira Makar

Defendant

Procedural Posture

Appeal / Judgment on Appeal From Order of Master Leonard, Senior Courts Costs Office

Legal Issues

  1. 1 Whether the defendant, Miss Makar, lacked capacity to conduct the assessment proceedings under the Mental Capacity Act 2005 and CPR Part 21
  2. 2 Whether the assessment of costs should be stayed pending appointment of a litigation friend
  3. 3 Whether the incident on 18 July 2012 was sufficient to establish lack of capacity

Ratio Decidendi

The Master erred in placing determinative weight on a single incident of distress (18 July 2012) and failed to consider Miss Makar's conduct in other proceedings where no capacity concerns were raised. In the absence of medical evidence and given her ability to conduct other litigation, it was not established on the balance of probabilities that Miss Makar lacked capacity. The stay pending appointment of a litigation friend was therefore unjustified and set aside.

Court Disposition

Appeal allowed

Orders

  • Stay of assessment proceedings set aside
  • Proceedings to continue before Master Leonard on 10 April