Q&As

Can you take out an injunction against a protected party? What is the effect of the lack of capacity of the person being injuncted or their serious mental health issues? Would the court’s knowledge of the lack of mental capacity affect the court’s ability to grant the injunction, and/or would medical tests be required? — 2022

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Last updated on 11/08/2022

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Can you take out an injunction against a protected party? What is the effect of the lack of capacity of the person being injuncted or their serious mental health issues? Would the court’s knowledge of the lack of mental capacity affect the court’s ability to grant the injunction, and/or would medical tests be required?
  • The issues
  • Protected parties
  • Litigation friend
  • The Court of Protection
  • Summary
  • Further resources

Can you take out an injunction against a protected party? What is the effect of the lack of capacity of the person being injuncted or their serious mental health issues? Would the court’s knowledge of the lack of mental capacity affect the court’s ability to grant the injunction, and/or would medical tests be required?

The issues

This Q&A deals with the issue of injunctions and protected parties. The questions are:

  1. can you take out an injunction against a protected party?

  2. what is the effect of the lack of capacity of the person being injuncted or their serious mental health issues?

  3. would the court’s knowledge of the lack of mental capacity affect the court’s ability to grant the injunction?

  4. would medical tests be required?

Protected parties

A ‘protected party’ is defined in the Civil Procedure Rules 1998 (CPR 1998), SI 1998/3132, r 21(1) as a party, or an intended party, who lacks capacity to conduct the proceedings. ‘Lacks capacity’ means lacks capacity within the meaning of the Mental Capacity Act 2005 (MCA 2005). Under MCA 2005, s 2, a person lacks capacity in relation to a matter if at the material time they are unable to make a decision for themselves in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. See further MCA 2005, s 3 on assessing the

Related documents:
Key definition:
Protected party definition
What does Protected party mean?

A person who lacks capacity to conduct the litigation, within the meaning of the Mental Capacity Act 2005.

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