KDS v EUI Limited

Facts

The claimant, KDS, is a 26-year-old man who was injured in a road traffic accident on the M6 motorway on 19 November 2022. The head-on collision killed the daughter of the claimant's partner and the defendant driver also died. The claimant sustained a number of injuries, including a traumatic brain injury. Proceedings were issued in the High Court against EUI Limited, with a professional litigation friend acting for the claimant pursuant to a Certificate of Suitability dated 15 July 2025 supported by an updated report of the consultant neuropsychiatrist Dr Achinivu dated 28 February 2025; no court order appointing the litigation friend was made, and an anonymity order had previously been made. The claimant then contended that he had capacity to conduct the proceedings and to instruct his solicitors directly, and by an application dated 30 October 2025, supported by a witness statement from his solicitor Mr Brian Robinson, sought determination of his capacity as a preliminary issue. Directions hearings took place on 17 December 2025 and 7 July 2026, at which the court directed that further medical evidence on litigation capacity be obtained from Dr Obinwa. The claimant's solicitors and the litigation friend adopted a neutral position; the defendant required the presumption of capacity to be rebutted. The matter was listed for an in-person hearing on 26 August 2026, which the claimant chose not to attend, and was determined on the papers by agreement.