From Mental Health Law Online
(1) In deciding whether the claimant had capacity to settle a claim for £12,500 (at hearing it would have been worth at least £800,000) the question was not whether she had capacity to enter into that settlement but whether she had capacity to litigate. (2) On the facts, she had lacked capacity, and the compromise would never have been approved by the court.
- Dunhill v Burgin (2012) EWHC 3163 (QB), (2012) MHLO 115
- Dunhill v Burgin (2012) EWCA Civ 397, (2012) MHLO 33
Supreme Court - permission granted on 23/10/12