Court of Protection Hub
  • Home
  • Resources
  • Cases
  • News & Views
  • About the book
  • About the site

Cases

DM v Dorset County Council [2019] EWCOP 4

4/3/2019

 
Application by the P against a decision that he lacked capacity to litigate on his own behalf in proceedings brought by Dorset County Council. Appeal dismissed.
The P was diagnosed as suffering from an impairment of, or disturbance in, the functioning of his mind or brain arising out of a persistent delusional disorder. Dorset County Council had sought the appointment of a deputy to manage the P’s property and affairs on the basis of his apparent inability to do so on his own account. The P wanted to conduct the substantive proceedings on his own account but the court held that he lacked capacity to do so. The P appealed this decision.

The court dismissed the appeal. In relation to the P’s first ground of appeal (no reasonable grounds for believing he lacked litigation capacity), the court could see no basis on which it could be said that his proposed appeal would have a real prospect of success. In relation to his second ground (failure to understand the P’s submissions reduced to writing in his witness statement), again there was nothing in his second ground of appeal which led the court to consider that this ground had any real prospect of success.
​
Read the full text of the judgment on Bailii

Comments are closed.
    Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available. 

    Support the Hub
    This site is free to access but if you find it useful then please consider a contribution by way of support for our work.  Click here to contribute.

    Sign up for our free email alert

    We do not share your details with any third parties and you can unsubscribe at  any time

    RSS Feed


    More from Bath Publishing


    Browse

    Categories

    All
    Advance Decisions
    Assessments
    Best Interests
    Capacity
    Committal
    Contact
    Contempt Of Court
    Coronavirus
    Costs
    Deputies
    Disclosure
    DNA Testing
    DOLs
    End Of Life Decisions
    Finance
    Gifts
    Habitual Residence
    Human Rights
    Inherent Jurisdiction
    Injunctions
    International
    Jurisdiction
    LPA/EPA
    LPAs
    Medical Treatment
    Personal Welfare
    Practice & Procedure
    Pregnancy & Contraception
    Publicity
    Religion
    Reporting
    Residence
    Settlement
    Sexual Relations
    Statutory Will
    Sterilisation And Termination

    Archives

    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    February 2017
    October 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015


Powered by Create your own unique website with customizable templates.
  • Home
  • Resources
  • Cases
  • News & Views
  • About the book
  • About the site