Jamous v Mercouris [2019] EWHC 1746 (QB)

Litigation friend "The essential questions are: (1) Does Mr Jamous lack capacity within the meaning of the Mental Capacity Act 2005. (2) Is the court satisfied that Mrs Jamous satisfies the conditions in Rule 21.4 (3). This requirement is incorporated by Rule 21.6 (5). The main function of a litigation friend appears to be to carry on the litigation on behalf of the Claimant and in his best interests. However, part of the reasoning for imposing a requirement for a litigation friend appears also to be for the benefit of the other parties. This is not just so that there is a person answerable to the opposing party for costs."

CASES DATABASE

Full judgment: BAILII!

Subject(s):

  • Litigation capacity cases🔍
  • Other capacity cases🔍

Date: 5/7/19🔍

Court: High Court (Queen's Bench Division)🔍

Judge(s):

Parties:

Citation number(s):

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Published: 6/7/19

Cached: 2019-07-22 07:41:21