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Mental health – Persons who lack capacity. The claimant, D, was injured in a road accident and lacked the mental capacity to conduct proceedings on her own behalf. She issued proceedings against the road user who had injured her, and was not represented by a litigation friend. She was persuaded to settle the claim for a grossly undervalued sum. The Supreme Court held that D had lacked the capacity to commence and conduct proceedings. She ought to have had a litigation friend from the outset, and any settlement ought to have been approved by the court under CPR 21.10(1). The consent order under which the claim had been settled would be set aside and the claim would go to trial.
Mental health – Persons who lack capacity. The claimant, D, was injured in a road accident and lacked the mental capacity to conduct proceedings on her own behalf. She issued proceedings against the road user who had injured her, and was not represented by a litigation friend. She was persuaded to settle the claim for a grossly undervalued sum. The Supreme Court held that D had lacked the capacity to commence and conduct proceedings. She ought to have had a litigation friend from the outset, and any settlement ought to have been approved by the court under CPR 21.10(1). The consent order under which the claim had been settled would be set aside and the claim would go to trial.
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