Dunhill (a protected party by her litigation friend Tasker) v Burgin and another case [2014] UKSC 18
Supreme Court, Lady Hale DP, Lord Kerr, Lord Dyson, Lord Wilson and Lord Reed SCJJ, 12 March 2014
The test of capacity to conduct proceedings for the purpose of CPR Pt 21 is the capacity to conduct the claim or cause of action which the claimant in fact has, rather than to conduct the claim as formulated by her lawyers.
James Rowley QC and Matthew Stockwell (instructed by Keoghs LLP) for D. Christopher Melton QC, Marc Willems and Maria Roche (instructed by Potter Rees) for B.
In 1999, D was injured in a road accident. In May 2002, before the limitation period ran out, she issued a claim for damages against the defendant. She claimed to be suffering from among other things a complete loss of the senses of smell and taste, some hearing loss, forgetfulness, headaches and personality change. At trial, she was accompanied by a mental health advocate, counsel and a trainee solicitor.
