Furley Page LLP v KFL [2025] EWHC 1703 (SCCO)

Costs judgment concerning whether KFL had capacity to agree a retainer 

The issue had arisen in the context of proceedings over the appointment of new attorneys. A retainer was signed by KFL, a former barrister, in October 2020 after being diagnosed in August that year with Alzheimer’s disease and vascular dementia. By June 2021 it was agreed (in related proceedings in the Court of Protection) that there had been a significant deterioration in his condition so that he now lacked capacity. The issue of capacity had to be determined as a preliminary issue in a Part 8 detailed assessment for costs. 

After reviewing the law and the evidence, in particular the capacity assessments presented, Costs Judge Whelan condudes that KFL did have capacity at the time of signing the retainer finding as a fact that the Claimant only had actual knowledge of the Defendant’s lack of capacity as a contracting party on 29th July 2021.

Read the judgment on the National Archive