​Bashir v Bashir [2019] EWHC 1810 (Ch)

Even if an incapacitious person regains capacity during the relevant period, he cannot, as a matter of law, enter into a binding agreement to dispose of or deal with property.

The claimant suffered brain damage in an attack in 1993 and was awarded a substantial sum by the Criminal Injuries Compensation Authority and was under the jurisdiction of the Court of Protection. His sister, the defendant, was appointed as his deputy but misappropriated much of the fund and a charging order was made against her house. However, she claimed that the claimant had entered into an agreement in 2013 that he would settle the claim for £140,000.

The court ruled that even if the claimant had regained capacity during the relevant period, he could not, as a matter of law, enter into a binding agreement with the defendant and an order for sale of the property was made.

Read the full text of the judgment on Bailii