Richardson-Ruhan v Ruhan & Ors [2021] EWFC 6 (19 January 2021)

Richardson-Ruhan v Ruhan & Ors [2021] EWFC 6 (19 January 2021)

The applicant retains capacity to conduct litigation because, under the statutory and common law test, she would be capable of making necessary decisions with the benefit of legal advice, regardless of whether she actually has such advice. However, due to her current medical condition, the hearing should be...

Source-derived case information.

Citation
[2021] EWFC 6
Parties
Applicant: Tania Jane Richardson-Ruhan; 1st Respondent: Andrew Joseph Ruhan; 2nd Respondent: Anthony Stevens; 3rd Respondent: Grenda Investments Limited
Jurisdiction
England and Wales
Judgment Date
19 January 2021
Procedural Posture
Family Court Financial Remedy Proceedings / Interlocutory Judgment on Capacity and Adjournment
Outcome
Adjournment granted; applicant retains capacity; stay on enforcement of payment orders; directions for sale proceeds and further evidence.
Legal Topics
Capacity to Conduct Litigation, Adjournment on Medical Grounds, Financial Remedy Proceedings, Appointment of Litigation Friend
Family Law Mental Capacity Law Capacity to Conduct Litigation Adjournment on Medical Grounds Financial Remedy Proceedings Appointment of Litigation Friend

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Parties

Tania Jane Richardson-Ruhan

Applicant

Andrew Joseph Ruhan

1st Respondent

Anthony Stevens

2nd Respondent

Grenda Investments Limited

3rd Respondent

Procedural Posture

Family Court Financial Remedy Proceedings / Interlocutory Judgment on Capacity and Adjournment

Legal Issues

  1. 1 Whether the applicant (wife) retains capacity to conduct litigation under the Mental Capacity Act 2005
  2. 2 Whether the hearing of the husband's variation applications should be adjourned on medical grounds
  3. 3 Whether enforcement of interim periodical payments and legal services payment orders should be stayed

Ratio Decidendi

The applicant retains capacity to conduct litigation because, under the statutory and common law test, she would be capable of making necessary decisions with the benefit of legal advice, regardless of whether she actually has such advice. However, due to her current medical condition, the hearing should be adjourned to allow her to secure legal representation.

Court Disposition

Adjournment granted; applicant retains capacity; stay on enforcement of payment orders; directions for sale proceeds and further evidence.

Orders

  • Hearing of the husband's variation applications adjourned to a date on or after 15 February 2021.
  • Stay on enforcement of arrears under interim periodical payments and legal services payment orders; liability to make payments suspended until next hearing.