TB v KB and LH (Capacity to Conduct Proceedings) [2019] EWCOP 14 (17 April 2019)

TB v KB and LH (Capacity to Conduct Proceedings) [2019] EWCOP 14 (17 April 2019)

On the balance of probabilities, P lacks capacity to conduct these proceedings due to significant deficits in short-term memory and executive function, which prevent him from understanding, retaining, and weighing information necessary for litigation, as established by expert neuropsychological and psychiatric evidence. This incapacity is causally linked to impairment of the mind or brain, and all practicable steps to assist P have been considered. Accordingly, P requires a litigation friend for participation in further proceedings.

Citation
[2019] EWCOP 14
Parties
Applicant: TB; First Respondent: KB (P); Second Respondent: LH
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 and Inherent Jurisdiction / Determination of P's Capacity to Conduct Litigation
Outcome
Declaration that P lacks capacity to conduct these proceedings; direction for appointment of a litigation friend for P in further proceedings.
Legal Topics
Capacity to Conduct Litigation, Lasting Power of Attorney, Appointment of Deputy, Vulnerable Adults, Court of Protection Procedure
Mental Capacity Law Family Law Capacity to Conduct Litigation Lasting Power of Attorney Appointment of Deputy Vulnerable Adults Court of Protection Procedure

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Parties

TB

Applicant

KB (P)

First Respondent

LH

Second Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 and Inherent Jurisdiction / Determination of P's Capacity to Conduct Litigation

Legal Issues

  1. 1 Whether P (KB) currently has capacity to conduct these proceedings under the Mental Capacity Act 2005
  2. 2 Whether P requires a litigation friend for participation in proceedings

Ratio Decidendi

On the balance of probabilities, P lacks capacity to conduct these proceedings due to significant deficits in short-term memory and executive function, which prevent him from understanding, retaining, and weighing information necessary for litigation, as established by expert neuropsychological and psychiatric evidence. This incapacity is causally linked to impairment of the mind or brain, and all practicable steps to assist P have been considered. Accordingly, P requires a litigation friend for participation in further proceedings.

Court Disposition

Declaration that P lacks capacity to conduct these proceedings; direction for appointment of a litigation friend for P in further proceedings.

Orders

  • Declaration pursuant to s 15 Mental Capacity Act 2005 that P lacks capacity to conduct litigation
  • Direction that P requires a litigation friend for participation in Court of Protection proceedings