David Rees QC acts in Hinduja v Hinduja

David Rees QC appeared for the Defendants in Hinduja v Hinduja [2020] EWHC 1533 (Ch).   This case examined the requirements for the appointment of a litigation friend under Part 21 of the Civil Procedure Rules.  The Claimant lacked capacity to conduct the claim.  However, his proposed litigation friend failed to lodge a certificate of suitability at the time that the claim was started as required by CPR 21.5(2).  Mrs Justice Falk held that the subsequent lodging of the certificate of suitability a month later did not act to constitute that person as the Claimant’s litigation friend and that this could only be achieved through an order of the court.


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