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Capacity and compromise – enforcement of a judgment debt

Trusts and Estates

Capacity and compromise – enforcement of a judgment debt

Bashir v Bashir [2019] EWHC 1810 (Ch) was an application for an order for sale of a London property, enforcing a charging order. However, the real issue in the proceedings was whether, post-judgment, the claimant had entered into a valid compromise of the claim. This turned in large part on whether the claimant had had the requisite capacity at the relevant time. At the point the application was determined, both parties to the application lacked capacity to conduct litigation and conducted the claim by their litigation friends.

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