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Bloomsburry Family law


Masterman-Lister v Jewell & anr: [2002] EWCA Civ 1889

Public and Administrative Law - Personal Injury - Remedies - Civil Procedure - Mental health - Court of Protection - Claimant accepted settlement in personal injury accident - Claimant suffering from mental disorder - Claimant sought to reopen personal injury litigation on basis that he ought to have been classified as "patient" under Mental Health Act 1983 s 94(2) - For court not medical profession to decide whether claimant patient - Basic right of person to manage property and affairs for himself to be considered - Presumption of capacity applied - Claimant capable of managing own affairs until contrary proved - Person's capacity to manage affairs subjective matter - Claimant not patient - RSC Ord 80 r 10 - CPR Part 21 r 10