header-logo header-logo

30 October 2014 / Elizabeth Carson
Issue: 7628 / Categories: Features , Family
printer mail-detail

Be mindful

carson

What steps should you take if you have concerns about a party’s capacity to enter into a negotiated agreement, asks Elizabeth Carson

A recent High Court case provides a useful reminder of practitioners’ obligations to the court when a party lacks capacity. MAP v RAP [2013] EWHC 4784 (Fam) concerned an application for permission to appeal a consent order where—among other reasons—the wife argued that she lacked capacity to enter into a compromise agreement with her husband, as she had been suffering from manic depression at the time the agreement was reached. The decision of Mr Justice Mostyn provides a helpful reminder of the steps that practitioners should take when they encounter a party who appears to lack capacity:

  • Practitioners must notify the court if they have concerns about a party’s capacity to conduct the proceedings (Practice Direction 15B, para 1.3);
  • The compromise of proceedings by a protected party is not valid unless approved by the court (CPR 21.10); and
  • An application can be made to a court of first instance to revoke or vary a consent order that is entered into when one party
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll