DM V Dorset County Council [2019] EWCOP 4

This case involved an application by DM for permission to appeal a decision by HHJ Dancey that he lacked capacity to litigate on his own behalf in proceedings as to whether a property and affairs deputy should be appointed for him.

DM had been diagnosed as suffering from an impairment of, or disturbance in, the functioning of his mind or brain arising out of a persistent delusional disorder.

DM relied on two separate reasons in support of his application. First he contended that there were no reasonable grounds before the court for believing that he lacked capacity to litigate. Secondly, he asserted that the judge did not understand his submissions as they were formulated and set out in his witness statement.

In relation to both grounds of appeal, the court could see no basis on which it could be said that the appeal would have a real prospect of success. The appeal was therefore dismissed.

The full judgment can be read here.

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