View source for An NHS Trust v P (2021) EWCOP 27

{{Case
|Date=2021/04/30
|NCN=[2021] EWCOP 27
|ICLR=[2021] WLR(D) 262
|ICLR ID=2021002045
|Court=Court of Protection
|Judges=Mostyn
|Parties=An NHS Trust, P
|Sentence=Subject-matter and litigation capacity
|Summary=P's psychiatrist initially stated that P lacked subject matter capacity (whether to take HIV medication) yet had litigation capacity. (1) The judge: (a) disagreed with the proposition that if a person lacks capacity to conduct proceedings as a litigant in person she might, nevertheless, have capacity to instruct lawyers to represent her and that the latter capacity might constitute capacity to conduct the litigation in question; (b) thought it virtually impossible to conceive of circumstances where someone lacks capacity to make a decision about medical treatment, but yet has capacity to make decisions about the manifold steps or stances needed to be addressed in litigation about that very same subject matter (it would be as rare as a white leopard). (2) On the facts, P lacked both subject matter capacity and litigation capacity.
|External links=*[https://www.bailii.org/cgi-bin/lucy_search_1.cgi?query=(%22white%20leopard%22) BAILII search results: how rare is a white leopard?]
|Subject=Litigation capacity cases
|News=Yes
|RSS pubdate=2021/05/01 08:52:48 PM
}}