Bashir v Bashir

Bashir v Bashir

Even if the claimant had regained capacity, he could not enter into a binding settlement agreement while under the jurisdiction of the Court of Protection; no valid agreement was reached, and the charging order and judgment debt remain enforceable, justifying an order for sale.

Parties
Claimant: Jhangir Mohammed Bashir; Claimant's Litigation Friend: Samantha Louise Hamilton; Defendant: Rabia Bashir; Defendant's Litigation Friend: Satpal Singh Bhatt
Jurisdiction
England and Wales
Judgment Date
18 July 2019
Procedural Posture
Civil (part 8 Claim) / Judgment After Trial
Outcome
Order for sale granted
Legal Topics
Order for Sale, Charging Order, Mental Capacity, Court of Protection, Settlement Agreement Validity
Trusts and Probate Property Law Mental Capacity Order for Sale Charging Order Court of Protection Settlement Agreement Validity

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Parties

Jhangir Mohammed Bashir

Claimant

Samantha Louise Hamilton

Claimant's Litigation Friend

Rabia Bashir

Defendant

Satpal Singh Bhatt

Defendant's Litigation Friend

Procedural Posture

Civil (part 8 Claim) / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant had capacity to enter into a binding settlement agreement
  2. 2 Whether a valid settlement agreement was reached
  3. 3 Effect of Court of Protection jurisdiction on claimant's ability to settle

Ratio Decidendi

Even if the claimant had regained capacity, he could not enter into a binding settlement agreement while under the jurisdiction of the Court of Protection; no valid agreement was reached, and the charging order and judgment debt remain enforceable, justifying an order for sale.

Court Disposition

Order for sale granted

Orders

  • Order for sale of 7 St Heliers Road, Leyton, London E10 6BD; terms to be determined if not agreed by parties