Litigation capacity – and what happens if you never had it? – Mental Capacity Law and Policy
‘Johnston v Financial Ombudsman Service [2025] EWCA Civ 551 is a case with a particularly complicated procedural history, but for present purposes the critical questions for the Court of Appeal were: (1) whether Mr Johnston lacked litigation capacity at the material times; and (2) whether, if he did lack that capacity, he could have brought proceedings against the Financial Ombudsman Service at all.’
Mental Capacity Law and Policy, 12th May 2025