P v P [1999]

Key Points:

• Case Background:

◦ Involved a dispute where the husband, severely disabled, was the subject of an injunction sought by his wife.

• Legal Decision:

◦ The court granted the injunction in favour of the wife. It was determined that despite his severe disability, the husband had sufficient understanding of the matters at hand.

Comparison with Banks:

• Similarities:

◦ Both cases deal with issues of capacity and understanding in the context of legal actions involving individuals with significant disabilities.

• Contrast:

◦ Unlike Banks, where the focus may have been on different aspects of capacity or the nature of the injunction, P v P emphasised that the husband had the necessary understanding to engage with the legal proceedings, highlighting his ability to comprehend the situation despite his severe disability.