Folks v Faizey

Folks v Faizey

Where the proposed patient and litigation friend consent, and there is adequate supporting evidence, the court should appoint a litigation friend without requiring a contested hearing unless there is a bona fide dispute. The respondent had no legitimate interest or risk of prejudice from the appointment, and the judge erred in requiring a full hearing, contrary to the overriding objective of the CPR.

Parties
Appellant: Robert Anthony John Folks; Respondent: Gary Faizey
Jurisdiction
England and Wales
Judgment Date
06 April 2006
Procedural Posture
Civil Appeal / Appeal From Interlocutory Order (appointment of Litigation Friend)
Outcome
Appeal allowed
Legal Topics
Capacity to Litigate, Appointment of Litigation Friend, Court of Protection, Civil Procedure Rules
Civil Procedure Mental Health Law Capacity to Litigate Appointment of Litigation Friend Court of Protection Civil Procedure Rules

Case Brief

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Parties

Robert Anthony John Folks

Appellant

Gary Faizey

Respondent

Procedural Posture

Civil Appeal / Appeal From Interlocutory Order (appointment of Litigation Friend)

Legal Issues

  1. 1 Whether the appellant should have a litigation friend appointed under CPR 21
  2. 2 Whether the respondent had standing to oppose the appointment of a litigation friend
  3. 3 Whether the court should require a full hearing on capacity to litigate when medical evidence supports incapacity

Ratio Decidendi

Where the proposed patient and litigation friend consent, and there is adequate supporting evidence, the court should appoint a litigation friend without requiring a contested hearing unless there is a bona fide dispute. The respondent had no legitimate interest or risk of prejudice from the appointment, and the judge erred in requiring a full hearing, contrary to the overriding objective of the CPR.

Court Disposition

Appeal allowed

Orders

  • Order for appointment of litigation friend for the appellant
  • No further hearing on capacity required