Evesham And Pershore Housing Association Ltd v Werrett

Evesham And Pershore Housing Association Ltd v Werrett

The judge's decision of 19th May was a final order and could only be varied in exceptional circumstances, which were not present; the evidence did not establish that the defendant lacked capacity to litigate under the Mental Capacity Act 2005; the application for permission to appeal was refused.

Parties
Claimant: Evesham and Pershore Housing Association Ltd; Defendant: Timothy Werrett
Jurisdiction
England and Wales
Judgment Date
20 April 2015
Procedural Posture
Civil / Application for Permission to Appeal; Appeal If Permission Granted
Outcome
application for permission to appeal refused
Legal Topics
Litigation Capacity, Appointment of Litigation Friend, Variation of Final Orders, Mental Capacity Act 2005, Civil Procedure Rules
Civil Procedure Mental Capacity Litigation Capacity Appointment of Litigation Friend Variation of Final Orders Mental Capacity Act 2005 Civil Procedure Rules

Case Brief

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Parties

Evesham and Pershore Housing Association Ltd

Claimant

Timothy Werrett

Defendant

Procedural Posture

Civil / Application for Permission to Appeal; Appeal If Permission Granted

Legal Issues

  1. 1 Whether the defendant lacked capacity to litigate under the Mental Capacity Act 2005
  2. 2 Whether the court had power to vary or revoke a previous final order under CPR r.3.1(7)
  3. 3 Whether the judge erred in allowing adversarial opposition to the application

Ratio Decidendi

The judge's decision of 19th May was a final order and could only be varied in exceptional circumstances, which were not present; the evidence did not establish that the defendant lacked capacity to litigate under the Mental Capacity Act 2005; the application for permission to appeal was refused.

Court Disposition

application for permission to appeal refused

Orders

  • application for permission to appeal is refused