Dunhill v Burgin
12 March 2014
In the recent case of Dunhill v Burgin (2014) the Supreme Court had to consider the unusual scenario of a case that had settled where the claimant lacked capacity but the defendant was unaware of this. This is a case which has twisted, turned and even leapfrogged its way to the Supreme Court. In a judgment which emphasises that the policy underlying the Civil Procedural Rules is the protection of vulnerable parties, the Supreme Court held that the claimant did not have the capacity to conduct her claim and the settlement was invalid. In this legal update Paul Banks and Philip D’Netto review the judgment and consider its implications.