TB v KB and LH (Capacity to Conduct Proceedings)

TB v KB and LH (Capacity to Conduct Proceedings)

On the balance of probabilities, P lacks capacity to conduct these proceedings due to significant deficits in memory and executive function, which prevent him from understanding, retaining, and weighing relevant information necessary for litigation. This incapacity is caused by impairment of the mind or brain, as established by expert evidence.

Parties
Applicant: TB; First Respondent: KB (P); Second Respondent: LH
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Court of Protection / Family Division / Determination of Capacity to Conduct Proceedings
Outcome
Declaration that P lacks capacity to conduct these proceedings; directions for appointment of litigation friend; stay of inherent jurisdiction proceedings.
Legal Topics
Capacity to Conduct Proceedings, Lasting Powers of Attorney, Appointment of Deputy, Inherent Jurisdiction, Litigation Friend
Mental Capacity Family Law Capacity to Conduct Proceedings Lasting Powers of Attorney Appointment of Deputy Inherent Jurisdiction Litigation Friend

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Parties

TB

Applicant

KB (P)

First Respondent

LH

Second Respondent

Procedural Posture

Court of Protection / Family Division / Determination of Capacity to Conduct Proceedings

Legal Issues

  1. 1 Whether P (KB) currently has capacity to conduct these proceedings
  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 memory and executive function, which prevent him from understanding, retaining, and weighing relevant information necessary for litigation. This incapacity is caused by impairment of the mind or brain, as established by expert evidence.

Court Disposition

Declaration that P lacks capacity to conduct these proceedings; directions for appointment of litigation friend; stay of inherent jurisdiction proceedings.

Orders

  • P declared to lack capacity to conduct proceedings.
  • P to be joined as a party to the proceedings under the Mental Capacity Act 2005, effective upon appointment of a litigation friend.