“…ty.” As was noted in the submissions before the Court this provision mirrors the common law position set out in Masterman-Lister v Jewell [2002] EWCA Civ 1889; [2003] 1 WLR 1511 at paragraph 17 where it was said “it is common ground that all adults must be presumed to be competent to manage their property and affairs until the contrary…”
“… further proceedings brought by Ms Dunhill, then acting by a next friend, seeking to rely on Masterman-Lister v Brutton & Co(Nos 1 and 2) [2002] EWCA Civ 1889, [2003] 1 WLR 1511) to set aside the settlement on the basis that she “did not have capacity at the time of the purported settlement of the matter on 7 January 2003”.…”