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C - Capacity to litigate


12/3/14

DUNHILL v BURGIN [2014] UKSC 18

Considers the test to be applied in assessing capacity to conduct proceedings.  The general rule that a contract made by a person who lacks capacity is valid unless the other party knew, or ought to have known, about the incapacity does not apply to a consent order made in legal proceedings.  CPR Part 21 invalidates a consent order involving a protected party if made without the appointment of a litigation friend and court approval, even if the protected party’s lack of capacity had been unknown at the time of the compromise.


19/6/13

LOUGHLIN v SINGH [2013] EWHC 1641 (QB)

Considers the test to be applied to determine whether a litigant has capacity to conduct litigation [19].



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