The Weekly Law Reports
[2025] 4 WLR 68
Court of Appeal
Johnston v Financial Ombudsman Service
[2025] EWCA Civ 551
2025 Feb 26; May 8
Asplin, Coulson, Baker LJJ
Mental capacity— Person lacking capacity— Claimant— Claimant’s proceedings against defendant struck out by deputy district judge—— Claimant subsequently claiming to have lacked capacity to conduct proceedings and contending order striking out claim falling to be set aside on basis claimant having no litigation friend at material time— Whether claimant lacking capacity to conduct proceedings ——
Mental Capacity Act 2005 (c 9), ss 2, 3
Practice— Parties— Mental capacity— Application of provisions relating to conduct of proceedings involving protected parties—
CPR
r 21.3