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litigate and capacity to understand the meaning of
the interim injunction dated 09 January 2018 and
that report shall be filed at court and served on
each party to the litigation.
10. If the report indicates that the defendant
lacks capacity, then the Official Solicitor shall be
invited to represent the Defendant.
11. In the event that the Defendant fails to
engage with the community mental health team
and that the Defendant's mother takes no steps as
the Defendant's nearest relative to have the
Defendant's mental health assessed then the
Defendant shall be presumed to have capacity.
12. The Claimant shall, if so advised, file and
serve a witness statement appending any relevant
documentation dealing with the question of the
Defendant's capacity to litigate and/or capacity to
understand the meaning of the interim injunction
dated 09 January 2018 by 4pm on 13 June 2018.
13. The matter is re-listed urgently on 26th
June 2018 at 10:00 a.m. with a time estimate of
half a day with no other cases.
14. No earlier than seven and no later than
three days prior to the relisted hearing the
Claimant shall file and serve a paginated bundle of
documents for use at the hearing.
15. This order will be deemed served on the
Defendant if the Claimant emails a copy of the
order to the Defendant's mother.
16. Costs reserved.
Cases are listed in accordance with local hearing
arrangements determined by the Judiciary and
implemented by court staff. Every effort is made
to ensure that hearings start either at the time
specified or as soon as possible thereafter.
However, listing practices or other factors may
mean that delays are unavoidable. Furthermore, in
some instances a case may be released to another
judge, possibly at a different court or adjourned to
another date. Please contact the court for further
information on the listing arrangements that may
apply to your hearing.
195
Dated 5 June 2018
CLAIM NUMBER: D02EDO73
IN THE EDMONTON COUNTY COURT