County Court Business Centre Parking Ticket

Coupon-mad

I don't know, I'm afraid. IANAL and your interpretation is as good as mine.  Looks like you must file a certificate of suitability but I don't know what that is. Never seen one.

The 2005 Act definition of 'protected party' must be key.  See what the Act says.

I think you must have Mum attending on the phone, or preferably on video with you. Are you in different cities so can't be on the video call together, with you going to her and using your device to access the hearing?

LeoBoy

I have an email in my draft folder to send so will wait until Sunday. I have quoted 21.4 (3) (a) as a reason. 

LeoBoy

One more thing! I have the email address and know to put case number in the heading but is there anyone in the court I should address in the email heading? Court Officer or something like that? 
Thanks

Coupon-mad

Attach a copy of the reply you got that told you about what the Judge said last week, and ask that it is urgently placed with the case file for the hearing on DATE at TIME for claim no xxxxxx

LeoBoy

Coupon-mad said:

Attach a copy of the reply you got that told you about what the Judge said last week, and ask that it is urgently placed with the case file for the hearing on DATE at TIME for claim no xxxxxx

I have done as mentioned. I also got my Mums friend to email me My Mums medical record and current medication which I have attached. I will email the court all this, do I also copy in the Claimant Solicitors?

Coupon-mad

Yes I would.

LeoBoy

Court case adjourned until further notice due to a lack of Judicial availability.

Le_Kirk

How annoying for you!

LDast

The delay may be to your advantage. IANAL, but my understanding of the situation and having gone back through the thread is as follows:

The court is seeking clarification on whether your mother, the defendant, lacks the capacity to litigate under the Mental Capacity Act 2005. The fact that you have Power of Attorney for her Property and Financial Affairs does not automatically prove that she lacks litigation capacity. The court needs specific evidence regarding her mental capacity to manage the litigation process.

Under the Mental Capacity Act 2005, a person lacks capacity if they are unable to make a specific decision at the time it needs to be made due to an impairment or disturbance in the functioning of their mind or brain. For litigation, this means being unable to understand, retain, or weigh the information relevant to the case and communicate a decision.

You need to provide medical evidence that your mother cannot understand or engage with the legal process, such as a letter from her GP or a specialist explaining her cognitive impairments (e.g., memory loss, dementia, etc.). This would help satisfy the court that she is a "protected party" under the 2005 Act and justify your attendance as her litigation friend.

Additionally, your Power of Attorney, while relevant for financial and property matters, does not automatically confer rights in litigation, which is why the court requires evidence of incapacity in this specific context.

I would recommend that, as you now have more time, you contact her doctor for an assessment and request a medical report. You can then submit this as evidence to the court to support your request to act as a litigation friend. This would also clarify her status as a protected party and strengthens your request for the court to allow you to represent her in the proceedings.

Coupon-mad

Maybe use the time to apply for Health PoA so you can add details of that being in hand, by the time of the new hearing date.