Blankley v Manchester NHS Trust [2014] EWHC 168 (QB)

Posted on Wednesday, May 21st, 2014

Picture of Robin Dunne a Barrister at ClarksroomThis piece of case law was written by Robin Dunne. Robin is a Barrister at Clerksroom Chambers specialising in costs and litigation funding and general common law. For his contact details please click here.

The high Court has held that a loss of capacity does not automatically terminate a retainer, overturning the decision of DDJ Harris in Manchester.

In a detailed judgment it was held that loss of capacity does not frustrate the contract of retainer. Where a contract was entered into by a mentally incapacitated person the contract is voidable rather than void. The retainer could not be terminated by an operation of law where a party becomes incapacitated; that would put the threshold higher than in cases where the party was incapacitated from the outset of the contract.

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