Tendring District Council v AB & Ors

Tendring District Council v AB & Ors

AB is not to be treated as a protected party prior to 14 May 2024; all steps taken in proceedings prior to that date have effect. Steps taken between 14 May 2024 and appointment of the Official Solicitor as litigation friend are regularised pursuant to CPR 21.3(4). It is not desirable for AB to continue as a party; he is discharged as a party under CPR 19.3. Discontinuance under CPR 38 does not apply to appeals; removal of party is governed by CPR 19.

Parties
Appellant: Tendring District Council; Respondent: AB; Respondent: Secretary of State for Work and Pensions; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
21 October 2024
Procedural Posture
Civil Appeal / Interlocutory Judgment on Party Status and Procedural Applications
Outcome
AB is discharged as a party to the appeal; all procedural steps regularised; Official Solicitor appointed as litigation friend for AB; encouragement to consider ADR/mediation.
Legal Topics
Housing Benefit Overpayment, Protected Party Status, Litigation Friend Appointment, Discontinuance of Appeal, Retrospective Regularisation of Steps, Costs Protection
Civil Procedure Social Security Law Mental Capacity Law Housing Benefit Overpayment Protected Party Status Litigation Friend Appointment Discontinuance of Appeal Retrospective Regularisation of Steps +1 more

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Parties

Tendring District Council

Appellant

AB

Respondent

Secretary of State for Work and Pensions

Respondent

CD

Respondent

Procedural Posture

Civil Appeal / Interlocutory Judgment on Party Status and Procedural Applications

Legal Issues

  1. 1 Whether AB should be treated as a protected party prior to 14 May 2024
  2. 2 Whether steps taken prior to appointment of litigation friend should be regularised
  3. 3 Whether Tendring can discontinue appeal against AB

Ratio Decidendi

AB is not to be treated as a protected party prior to 14 May 2024; all steps taken in proceedings prior to that date have effect. Steps taken between 14 May 2024 and appointment of the Official Solicitor as litigation friend are regularised pursuant to CPR 21.3(4). It is not desirable for AB to continue as a party; he is discharged as a party under CPR 19.3. Discontinuance under CPR 38 does not apply to appeals; removal of party is governed by CPR 19.

Court Disposition

AB is discharged as a party to the appeal; all procedural steps regularised; Official Solicitor appointed as litigation friend for AB; encouragement to consider ADR/mediation.

Orders

  • Official Solicitor appointed as litigation friend for AB upon terms of costs undertaking from Tendring.
  • All steps taken in proceedings prior to 14 May 2024 have effect; steps between 14 May 2024 and appointment of litigation friend regularised under CPR 21.3(4).