Dunhill v Burgin (Nos 1 and 2): [2014] UKSC 18; [2014] WLR (D) 122
‘The test of capacity to conduct proceedings for the purpose of CPR Pt 21 was the capacity to conduct the claim or cause of action which the claimant in fact had, rather than the claim as formulated by her lawyers. A consent order based on the settlement of a claim by a claimant who lacked capacity and did not have a litigation friend was not valid even though the claimant was legally represented.’
WLR Daily, 12th March 2014
Source: www.iclr.co.uk
