Dunhill v Burgin

Dunhill v Burgin

When assessing capacity retrospectively, the court must confine itself to examining the decisions in fact required of the claimant in the action. The presumption of capacity is not rebutted on the evidence; the claimant had capacity to enter the compromise agreement on 7 January 2003.

Parties
Claimant: Joanne Dunhill; Litigation Friend: Paul Tasker; Defendant: Shaun Burgin
Jurisdiction
England and Wales
Judgment Date
07 March 2011
Procedural Posture
Personal Injury / Preliminary Issues Hearing
Outcome
Application to set aside the consent order on grounds of lack of capacity dismissed.
Legal Topics
Capacity to Litigate, Compromise Agreements, Court Approval of Settlements, Retrospective Assessment of Capacity
Civil Procedure Mental Capacity Personal Injury Capacity to Litigate Compromise Agreements Court Approval of Settlements Retrospective Assessment of Capacity

Case Brief

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Parties

Joanne Dunhill

Claimant

Paul Tasker

Litigation Friend

Shaun Burgin

Defendant

Procedural Posture

Personal Injury / Preliminary Issues Hearing

Legal Issues

  1. 1 Whether the consent order settling the claimant's personal injury claim is void due to lack of capacity and absence of court approval
  2. 2 Whether capacity should be assessed based on decisions actually required in the litigation or include hypothetical decisions if litigation had been conducted differently
  3. 3 Whether the presumption of capacity is rebutted on the evidence

Ratio Decidendi

When assessing capacity retrospectively, the court must confine itself to examining the decisions in fact required of the claimant in the action. The presumption of capacity is not rebutted on the evidence; the claimant had capacity to enter the compromise agreement on 7 January 2003.

Court Disposition

Application to set aside the consent order on grounds of lack of capacity dismissed.

Orders

  • Issue of application of CPR 21.10(1) adjourned with liberty to apply.