In this case the SC considered whether a consent order ought to be set aside if C lacked capacity at the time it was made.
C, a pedestrian, was knocked down by D, a motorcyclist. C suffered multiple injuries including a severe closed head injury. The case was listed for a trial on liability in January 2003. C, accompanied by Counsel and a trainee solicitor, attended court. One of C’s witnesses to the accident did not arrive and negotiations took place. The claim was compromised for the sum of £12,500 with costs. This was embodied in a consent order, which was signed by both counsel and placed before the judge.
In December 2008, nearly 6 years later, C’s Litigation Friend made an application for a declaration that C did not have capacity at the time of the purported settlement. It followed that the consent order ought to be set aside and directions for trial ought to be given. It was never suggested that D knew or ought to have known of C’s lack of capacity.
The Supreme Court held that the consent order ought to be set aside and the case go for trial, setting out: -
Philippa Seal / 1st Jun 2014
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