THE QUESTION OF THE CLAIMANT’S CAPACITY SHOULD NOT HAVE BEEN DEALT WITH AS A PRELIMINARY ISSUE: THE COURT SHOULD APPOINT A LITIGATION FRIEND – THIS DOES NOT PREJUDICE THE DEFENDANT’S POSITION

Here we have a case where a defendant appealed against a decision it agreed with. The judge found that the claimant had capacity and did not require a Litigation Friend. However the defendant's issue was with the very decision to hold a hearing on capacity.  The appeal was allowed.  It showed that t...