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LJ v Mercouris [2019] EWHC 1746 (QB)

Litigation friend "The essential questions are: (1) Does Mr [J] lack capacity within the meaning of the Mental Capacity Act 2005. (2) Is the court satisfied that Mrs [J] 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."

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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: 2019-12-06 16:47:13