Capacity and compromise – enforcement of a judgment debt
Bashir v Bashir  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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